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Burgess v. McGinnis

Appellate Division of the Supreme Court of New York, Third Department
Sep 19, 2002
297 A.D.2d 871 (N.Y. App. Div. 2002)

Opinion

91631

September 19, 2002.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Chemung County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Herbert Burgess, Pine City, petitioner pro se.

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

Before: Mercure, J.P., Spain, Carpinello, 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 facility correspondence regulations. The Attorney General has advised this Court that the determination has been administratively reversed and that 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).

Mercure, J.P., Spain, Carpinello, Lahtinen and Kane, JJ., concur.

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


Summaries of

Burgess v. McGinnis

Appellate Division of the Supreme Court of New York, Third Department
Sep 19, 2002
297 A.D.2d 871 (N.Y. App. Div. 2002)
Case details for

Burgess v. McGinnis

Case Details

Full title:In the Matter of HERBERT BURGESS, Petitioner, v. MICHAEL McGINNIS, as…

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

Date published: Sep 19, 2002

Citations

297 A.D.2d 871 (N.Y. App. Div. 2002)
746 N.Y.S.2d 922

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