Rouff v. Cunningham

Appeal from a judgment of the Supreme Court (Spargo, J.), entered April 19, 2005 in Albany 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 challenging a determination finding him guilty of violating a prison disciplinary rule. Thereafter, the Attorney General requested dismissal of the proceeding advising Supreme Court that the determination at issue had been administratively reversed and that all references thereto were expunged from petitioner’s institutional record.…