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In the Matter of Wilson v. West

Appellate Division of the Supreme Court of New York, Third Department
Jul 7, 2005
20 A.D.3d 627 (N.Y. App. Div. 2005)

Opinion

96924.

July 7, 2005.

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

Gordon Wilson, Pine City, petitioner pro se.

Eliot Spitzer, Attorney General, Albany (Wayne L. Benjamin of counsel), for respondent.

Before: Mercure, J.P., Crew III, Peters, Spain and Lahtinen, JJ., concur.


Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of failing to comply with facility count procedures. The Attorney General has advised this Court by letter 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 Burgess v. McGinnis, 297 AD2d 871).

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


Summaries of

In the Matter of Wilson v. West

Appellate Division of the Supreme Court of New York, Third Department
Jul 7, 2005
20 A.D.3d 627 (N.Y. App. Div. 2005)
Case details for

In the Matter of Wilson v. West

Case Details

Full title:In the Matter of GORDON WILSON, Petitioner, v. CALVIN WEST, as…

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

Date published: Jul 7, 2005

Citations

20 A.D.3d 627 (N.Y. App. Div. 2005)
797 N.Y.S.2d 325