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Benjamin v. Joseph

Appellate Division of the Supreme Court of New York, Third Department
Jan 17, 2008
47 A.D.3d 1101 (N.Y. App. Div. 2008)

Opinion

No. 502457.

January 17, 2008.

Appeal from an amended judgment of the Supreme Court (Egan, Jr., J.), entered April 3, 2007 in Ulster County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent finding petitioner guilty of violating a prison disciplinary rule.

Benjamin Smalls, Wallkill, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Frank Brady of counsel), for respondent.

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


Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a tier II disciplinary determination finding him guilty of making false statements. Supreme Court dismissed the petition, prompting this appeal by petitioner. The Attorney General has advised this Court in writing that the determination at issue has been administratively reversed and all references there to have been expunged from petitioner's institutional record. Accordingly, because petitioner has been afforded all of the relief to which he is entitled, this matter is dismissed as moot ( see Matter of Ward v Goord, 43 AD3d 1257, 1257 [2007]).

Ordered that the appeal is dismissed, as moot, without costs.


Summaries of

Benjamin v. Joseph

Appellate Division of the Supreme Court of New York, Third Department
Jan 17, 2008
47 A.D.3d 1101 (N.Y. App. Div. 2008)
Case details for

Benjamin v. Joseph

Case Details

Full title:In the Matter of BENJAMIN SMALLS, Appellant, v. JOSEPH T. SMITH, as…

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

Date published: Jan 17, 2008

Citations

47 A.D.3d 1101 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 321
848 N.Y.S.2d 904

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