From Casetext: Smarter Legal Research

In re of Marino

Appellate Division of the Supreme Court of New York, Third Department
Feb 24, 2005
15 A.D.3d 813 (N.Y. App. Div. 2005)

Opinion

96142.

February 24, 2005.

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

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


Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating the prison disciplinary rule that prohibits the unauthorized use of a controlled substance. The Attorney General has advised this Court by letter that the determination at issue has been administratively reversed and that all references thereto have been expunged from petitioner's institutional record. Inasmuch as petitioner has received all the relief to which he is entitled, the matter is dismissed as moot ( see Matter of Wilder v. Goord, 11 AD3d 850).

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


Summaries of

In re of Marino

Appellate Division of the Supreme Court of New York, Third Department
Feb 24, 2005
15 A.D.3d 813 (N.Y. App. Div. 2005)
Case details for

In re of Marino

Case Details

Full title:In the Matter of LEO A. MARINO, Petitioner, v. NEW YORK STATE DEPARTMENT…

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

Date published: Feb 24, 2005

Citations

15 A.D.3d 813 (N.Y. App. Div. 2005)
789 N.Y.S.2d 925