Hernandez v. Goord

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

After commencing this CPLR article 78 proceeding, the determination finding petitioner guilty of violating various prison disciplinary rules was administratively reversed and all references thereto were expunged from petitioner’s institutional record. Respondents, accordingly, request that the matter be dismissed as…