Appeals (1) from a judgment of the Supreme Court (Kavanagh, J.), entered March 1, 2005 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition, and (2) from an order of said court, entered October 16, 2006 in Albany County, which denied petitioner’s motion for reargument.
Petitioner was found guilty of violating certain prison disciplinary rules following a July 21, 2004 tier III hearing, but the determination was later reversed on administrative appeal. In October 2004, he commenced this CPLR article 78 proceeding seeking to have all references to the reversed determination and hearing expunged from his institutional record. Respondents, in turn, moved to dismiss the proceeding on the ground that the necessary expungement had been conducted and that the proceeding was, therefore, moot. In opposition to the motion, petitioner pointed to various documents he obtained through a November 2004 request under the Freedom of Information Law (see Public Officers Law art 6 [hereinafter FOIL]), which he maintained had not been properly expunged. Upon concluding that none of the documents contained improper references, Supreme Court dismissed the petition. Thereafter, petitioner made additional FOIL requests and obtained further documents which he submitted in support of a motion to reargue and/or renew. Supreme Court denied the motion. Petitioner subsequently moved pursuant to CPLR 5015 (a) (3) to vacate the prior judgment and order on grounds of fraud, misrepresentation and misconduct. Supreme Court treated the motion as one for reargument and denied the same. Petitioner appeals from the judgment dismissing his petition as well the second order denying his motion, and these appeals have been consolidated.
Respondents concede that the documents that petitioner obtained through his FOIL requests, namely, the July and October 2004 quarterly review worksheets and the July 2004 transfer request, contain improper references to the reversed
Cardona, P.J., Spain, Carpinello and Lahtinen, JJ., concur. Ordered that the appeals are dismissed, as moot, without costs, but with disbursements in the amount of $20.32.
