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Barclay v. State of New York Department of Correctional Services

Appellate Division of the Supreme Court of New York, Third Department
Sep 19, 2002
297 A.D.2d 870 (N.Y. App. Div. 2002)

Opinion

91453

September 19, 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 Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

H. Patrick Barclay, Attica, petitioner pro se.

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

Before: Cardona, P.J., Mercure, Spain, Mugglin and Kane, JJ.


MEMORANDUM AND JUDGMENT

Petitioner was found guilty of violating the prison disciplinary rules prohibiting assault on a staff member, violent conduct, making threats and refusing to obey a direct order. The determination has now been administratively reversed 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., Mercure, Spain, Mugglin and Kane, JJ., concur.

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


Summaries of

Barclay v. State of New York Department of Correctional Services

Appellate Division of the Supreme Court of New York, Third Department
Sep 19, 2002
297 A.D.2d 870 (N.Y. App. Div. 2002)
Case details for

Barclay v. State of New York Department of Correctional Services

Case Details

Full title:In the Matter of H. PATRICK BARCLAY, Petitioner, v. STATE OF NEW YORK…

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

Date published: Sep 19, 2002

Citations

297 A.D.2d 870 (N.Y. App. Div. 2002)
746 N.Y.S.2d 924

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