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In the Matter of Beroo v. Donelli

Appellate Division of the Supreme Court of New York, Third Department
Feb 5, 2004
4 A.D.3d 595 (N.Y. App. Div. 2004)

Opinion

94343.

Decided and Entered: February 5, 2004.

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

Palmerston Beroo, Malone, petitioner pro se.

Eliot Spitzer, Attorney General, Albany (Nancy A. Spiegel of counsel), for respondent.

Before: Cardona, P.J., Mercure, Carpinello, Mugglin and Kane, JJ.


MEMORANDUM AND JUDGMENT

Petitioner commenced this proceeding challenging a determination finding him guilty of violating the prison disciplinary rule that prohibits damaging state property. The Attorney General has advised this Court by letter that the determination at issue has been administratively reversed and all references thereto have been expunged from petitioner's institutional record. Inasmuch as petitioner has received all the relief to which he is entitled and is no longer aggrieved, the matter is dismissed as moot (see Matter of Brit v. Goord, 290 A.D.2d 627).

Cardona, P.J., Mercure, Carpinello, Mugglin and Kane, JJ., concur.

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


Summaries of

In the Matter of Beroo v. Donelli

Appellate Division of the Supreme Court of New York, Third Department
Feb 5, 2004
4 A.D.3d 595 (N.Y. App. Div. 2004)
Case details for

In the Matter of Beroo v. Donelli

Case Details

Full title:IN THE MATTER OF PALMERSTON BEROO, Petitioner, v. JOHN J. DONELLI, AS…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Feb 5, 2004

Citations

4 A.D.3d 595 (N.Y. App. Div. 2004)
770 N.Y.S.2d 922

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