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Harrison v. Brooks

Appellate Division of the Supreme Court of New York, Third Department
Sep 21, 2006
32 A.D.3d 1087 (N.Y. App. Div. 2006)

Opinion

500091.

September 21, 2006.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Ulster County) to review a determination of the Superintendent of Shawangunk Correctional Facility which found petitioner guilty of violating certain prison disciplinary rules.

Stoney Harrison, Wallkill, petitioner pro se.

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

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


Petitioner commenced this CPLR article 78 proceeding challenging a determination of the Superintendent of Shawangunk Correctional Facility finding him guilty of violating certain prison disciplinary rules. The Attorney General has advised that the determination at issue has been administratively reversed and all references thereto have been expunged from petitioner's institutional record. As petitioner has received all the relief to which he is entitled, the matter must be dismissed as moot ( see Matter of Jenkins v Goord, 24 AD3d 923, 924). Petitioner's request in his reply brief for costs and lost wages is denied.

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


Summaries of

Harrison v. Brooks

Appellate Division of the Supreme Court of New York, Third Department
Sep 21, 2006
32 A.D.3d 1087 (N.Y. App. Div. 2006)
Case details for

Harrison v. Brooks

Case Details

Full title:In the Matter of STONEY HARRISON, Petitioner, v. S. BROOKS, as Correction…

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

Date published: Sep 21, 2006

Citations

32 A.D.3d 1087 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 6520
820 N.Y.S.2d 818

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