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Jackson v. Murphy

Appellate Division of the Supreme Court of New York, Third Department
Jul 18, 2002
296 A.D.2d 747 (N.Y. App. Div. 2002)

Opinion

91017

July 18, 2002.

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 the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Raphael Jackson, Marcy, petitioner pro se.

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

Before: Cardona, P.J., Peters, Spain, Rose and Lahtinen, JJ.


MEMORANDUM AND JUDGMENT

Petitioner commenced this CPLR article 78 proceeding to challenge a determination rendered after a tier III disciplinary hearing finding him guilty of violating the prison disciplinary rule prohibiting inmates from using controlled substances. This determination was administratively reversed and all references to it and to the hearing were expunged from petitioner's institutional records on May 1, 2002. Therefore, since petitioner has received all the relief to which he is entitled and is no longer aggrieved, the petition is dismissed as moot (see, Matter of Curtis v. Goord, 274 A.D.2d 808; Matter of Maldonado v. Miller, 259 A.D.2d 912).

Cardona, P.J., Peters, Spain, Rose and Lahtinen, JJ., concur.

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


Summaries of

Jackson v. Murphy

Appellate Division of the Supreme Court of New York, Third Department
Jul 18, 2002
296 A.D.2d 747 (N.Y. App. Div. 2002)
Case details for

Jackson v. Murphy

Case Details

Full title:In the Matter of RAPHAEL JACKSON, Petitioner, v. ROBERT J. MURPHY, as…

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

Date published: Jul 18, 2002

Citations

296 A.D.2d 747 (N.Y. App. Div. 2002)
744 N.Y.S.2d 914

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