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In re Townsley

Appellate Division of the Supreme Court of New York, Third Department
Jun 24, 2010
74 A.D.3d 1661 (N.Y. App. Div. 2010)

Opinion

No. 508127.

June 24, 2010.

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.

Tayden Townsley, Comstock, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Sania W. Khan of counsel), for respondent.

Before: Mercure, J.P., Rose, Kavanagh, Stein and Garry, JJ.


Petitioner, a prison inmate, was found guilty of violating program committee procedures following a tier II disciplinary hearing. The Attorney General has informed this Court that the determination has been reversed administratively and all references thereto have been expunged from petitioner's institutional record. As a result, petitioner has received all the relief to which he is entitled and this matter is therefore dismissed as moot ( see Matter of Mercer v Artus, 70 AD3d 1073; Matter of Burse v Bezio, 69 AD3d 1068).

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


Summaries of

In re Townsley

Appellate Division of the Supreme Court of New York, Third Department
Jun 24, 2010
74 A.D.3d 1661 (N.Y. App. Div. 2010)
Case details for

In re Townsley

Case Details

Full title:In the Matter of TAYDEN TOWNSLEY, Petitioner, v. JOHN P. LEMPKE, as…

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

Date published: Jun 24, 2010

Citations

74 A.D.3d 1661 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 5629
902 N.Y.S.2d 450

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