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Abdullah v. Roberts

Appellate Division of the Supreme Court of New York, Third Department
Jun 6, 2002
295 A.D.2d 684 (N.Y. App. Div. 2002)

Opinion

91013

Decided and Entered: June 6, 2002.

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.

Jarquay A. Abdullah, Chateaugay, petitioner pro se.

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

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


MEMORANDUM AND JUDGMENT

Petitioner commenced this CPLR article 78 proceeding to obtain review of an administrative determination finding him guilty of violating the prison disciplinary rule that prohibits refusing to obey a direct order. The determination was administratively reversed on April 23, 2002 and all references thereto have been expunged from petitioner's institutional records. 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 Curtis v. Goord, 274 A.D.2d 808; Matter of Maldonado v. Miller, 259 A.D.2d 912).

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

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


Summaries of

Abdullah v. Roberts

Appellate Division of the Supreme Court of New York, Third Department
Jun 6, 2002
295 A.D.2d 684 (N.Y. App. Div. 2002)
Case details for

Abdullah v. Roberts

Case Details

Full title:IN THE MATTER OF JARQUAY A. ABDULLAH, PETITIONER, v. ALAN ROBERTS, AS…

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

Date published: Jun 6, 2002

Citations

295 A.D.2d 684 (N.Y. App. Div. 2002)
742 N.Y.S.2d 925