Matter of Rodriguez v. State of New York Department of Corrections and Community Supervision

Appeal from a judgment of the Supreme Court (Koweek, J.), entered October 2, 2015 in Columbia County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

Petitioner commenced this CPLR article 78 proceeding seeking to expunge allegedly inaccurate mental health information contained in his security classification records. In lieu of an answer, respondent moved to dismiss the petition as moot on the ground that the objectionable information has since been deleted. Supreme Court granted the motion and this appeal ensued.

Respondent concedes, and…