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In the Matter of FREDERICK W. McMILLIAN, Petitioner, v. DONALD SELSKY, as Director of Special Housing and Inmate Disciplinary Programs, et al., Respondents.

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating the prison disciplinary rules which prohibit creating a disturbance, interference with an employee and refusing a direct order. The Attorney General has advised this Court that the determination at issue has been administratively reversed and that all references thereto have been expunged from petitioner's institutional record. Inasmuch as petitioner has received all the relief to which he is entitled, the matter is dismissed as moot ( see Matter of Medina v Selsky, 28 AD3d 898).

Adjudged, that the petition is dismissed, as moot, without costs.

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MTR. OF FREDERICK v. SELSKY
(Nov 2, 2006)