Kelly v. Commissioner of the Department of Correctional Services

—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 which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner challenges a determination finding him guilty of violating the prison disciplinary rules that prohibit unauthorized exchange, solicitation of smuggling and facility correspondence violation. The Attorney General has advised this Court by letter that the determination at issue has been administratively reversed and that all references to the…