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In re Argentieri

Appellate Division of the Supreme Court of New York, Third Department
Dec 17, 2009
68 A.D.3d 1432 (N.Y. App. Div. 2009)

Opinion

No. 507525.

December 17, 2009.

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 which found petitioner guilty of violating a prison disciplinary rule.

Michael Argentieri, Rome, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.

Before: Cardona, P.J., Mercure, Lahtinen, Kane and Garry, JJ., concur.


Petitioner commenced this proceeding challenging a tier III disciplinary determination finding him guilty of providing unauthorized legal assistance to another inmate. The Attorney General has advised this Court that the administrative determination at issue has been reversed and all references thereto have been expunged from petitioner's institutional record. Accordingly, inasmuch as petitioner has been afforded all the relief to which he is entitled, this matter is dismissed as moot ( see Matter of Robertson v Bezio, 65 AD3d 771, 771).

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


Summaries of

In re Argentieri

Appellate Division of the Supreme Court of New York, Third Department
Dec 17, 2009
68 A.D.3d 1432 (N.Y. App. Div. 2009)
Case details for

In re Argentieri

Case Details

Full title:In the Matter of MICHAEL ARGENTIERI, Petitioner, v. BRIAN FISCHER, as…

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

Date published: Dec 17, 2009

Citations

68 A.D.3d 1432 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 9365
889 N.Y.S.2d 879