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In re the Claim of Bellini v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Oct 30, 2003
309 A.D.2d 1139 (N.Y. App. Div. 2003)

Opinion

93827

Decided and Entered: October 30, 2003.

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 certain prison disciplinary rules.

Vincent Bellini, Dannemora, petitioner pro se.

Eliot Spitzer, Attorney General, Albany (Nancy A. Spiegel of counsel), for respondent.

Before: Peters, J.P., Mugglin, Rose, Lahtinen and Kane, JJ.


MEMORANDUM AND JUDGMENT

Petitioner challenges a determination finding him guilty of violating the prison disciplinary rule that prohibits the unauthorized use of a controlled substance after his urine twice tested positive for opiates and cannibinoids. 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 Irons v. Goord, 283 A.D.2d 748).

Peters, J.P., Mugglin, Rose, Lahtinen and Kane, JJ., concur.

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


Summaries of

In re the Claim of Bellini v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Oct 30, 2003
309 A.D.2d 1139 (N.Y. App. Div. 2003)
Case details for

In re the Claim of Bellini v. Goord

Case Details

Full title:IN THE MATTER OF THE CLAIM OF VINCENT BELLINI, Petitioner, v. GLENN S…

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

Date published: Oct 30, 2003

Citations

309 A.D.2d 1139 (N.Y. App. Div. 2003)
766 N.Y.S.2d 919