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Mack v. Smith

Appellate Division of the Supreme Court of New York, Third Department
Aug 3, 2006
32 A.D.3d 599 (N.Y. App. Div. 2006)

Opinion

99467.

August 3, 2006.

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

Ronald Mack, Wallkill, petitioner pro se.

Eliot Spitzer, Attorney General, Albany (Patrick Barnett-Mulligan of counsel), for respondent.

Before: Peters, J.P., Mugglin, Rose, Lahtinen and Kane, JJ.


Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating the prison disciplinary rule that prohibits possession of unauthorized organizational material and possession of contraband. The Attorney General has advised this Court that the determination at issue has been administratively reversed and all references thereto 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 Carroll v Goord, 24 AD3d 845).

Adjudged that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $25.


Summaries of

Mack v. Smith

Appellate Division of the Supreme Court of New York, Third Department
Aug 3, 2006
32 A.D.3d 599 (N.Y. App. Div. 2006)
Case details for

Mack v. Smith

Case Details

Full title:In the Matter of RONALD MACK, Petitioner, v. JOSEPH T. SMITH, as…

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

Date published: Aug 3, 2006

Citations

32 A.D.3d 599 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 6116
818 N.Y.S.2d 783

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