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Harding v. Selsky

Appellate Division of the Supreme Court of New York, Third Department
Jun 6, 2002
295 A.D.2d 666 (N.Y. App. Div. 2002)

Opinion

90455

Decided and Entered: June 6, 2002.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Franklin County) to review two determinations of the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Eric Harding, Pine City, petitioner pro se.

Eliot Spitzer, Attorney General, Albany (Peter G. Crary of counsel), for respondents.

Before: Cardona, P.J., Crew III, Spain, Mugglin and, Lahtinen, JJ.


MEMORANDUM AND JUDGMENT

Petitioner was found guilty of violating the prison disciplinary rules prohibiting possession of a weapon and assault on another inmate. The separate determinations have 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., Crew III, Spain, Mugglin and Lahtinen, JJ., concur.

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


Summaries of

Harding v. Selsky

Appellate Division of the Supreme Court of New York, Third Department
Jun 6, 2002
295 A.D.2d 666 (N.Y. App. Div. 2002)
Case details for

Harding v. Selsky

Case Details

Full title:IN THE MATTER OF ERIC HARDING, PETITIONER, v. DONALD SELSKY, AS DIRECTOR…

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

Date published: Jun 6, 2002

Citations

295 A.D.2d 666 (N.Y. App. Div. 2002)
742 N.Y.S.2d 923

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