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Garofolo v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Aug 10, 2006
32 A.D.3d 618 (N.Y. App. Div. 2006)

Opinion

500016.

August 10, 2006.

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 respondent Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Steven Garofolo, Woodbourne, petitioner pro se.

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

Before: Crew III, J.P., Peters, Carpinello, Mugglin and Lahtinen, JJ.


Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating the prison disciplinary rule that prohibits harassment of an employee. The Attorney General has advised this Court that the determination at issue has been administratively reversed and all references thereto expunged from petitioner's institutional record. Inasmuch as petitioner has received all the relief to which he is entitled and no longer is aggrieved, the matter is dismissed as moot ( see Matter of Valentine v Goord, 19 AD3d 909).

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


Summaries of

Garofolo v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Aug 10, 2006
32 A.D.3d 618 (N.Y. App. Div. 2006)
Case details for

Garofolo v. Goord

Case Details

Full title:In the Matter of STEVEN GAROFOLO, Petitioner, v. GLENN S. GOORD, as…

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

Date published: Aug 10, 2006

Citations

32 A.D.3d 618 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 6171
818 N.Y.S.2d 923