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Barclay v. New York State Department of Correctional Services

Appellate Division of the Supreme Court of New York, Third Department
Jul 10, 2003
307 A.D.2d 494 (N.Y. App. Div. 2003)

Opinion

92922

Decided and Entered: July 10, 2003.

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 certain prison disciplinary rules.

Patrick Barclay, Attica, petitioner pro se.

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

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


MEMORANDUM AND JUDGMENT

Petitioner commenced this CPLR article 78 proceeding to challenge a prison disciplinary determination finding him guilty of violating the prison disciplinary rules prohibiting inmates from refusing to obey a direct order and violating movement regulations. The determination was administratively reversed on May 23, 2003 and all references thereto have been expunged from petitioner's institutional records. 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).

Spain, J.P., Mugglin, Rose, Lahtinen and Kane, JJ., concur.

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


Summaries of

Barclay v. New York State Department of Correctional Services

Appellate Division of the Supreme Court of New York, Third Department
Jul 10, 2003
307 A.D.2d 494 (N.Y. App. Div. 2003)
Case details for

Barclay v. New York State Department of Correctional Services

Case Details

Full title:IN THE MATTER OF PATRICK BARCLAY, Petitioner, v. NEW YORK STATE DEPARTMENT…

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

Date published: Jul 10, 2003

Citations

307 A.D.2d 494 (N.Y. App. Div. 2003)
761 N.Y.S.2d 883