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In the Matter of Berrian v. Selsky

Appellate Division of the Supreme Court of New York, Third Department
Sep 23, 2004
10 A.D.3d 787 (N.Y. App. Div. 2004)

Opinion

95032

September 23, 2004.

Before: Cardona, P.J., Mercure, Peters, Spain and Carpinello, JJ., concur.


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

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating various prison disciplinary rules. 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 would be entitled, the matter is dismissed as moot ( see Matter of Otero v. Goord, 5 AD3d 907).

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


Summaries of

In the Matter of Berrian v. Selsky

Appellate Division of the Supreme Court of New York, Third Department
Sep 23, 2004
10 A.D.3d 787 (N.Y. App. Div. 2004)
Case details for

In the Matter of Berrian v. Selsky

Case Details

Full title:In the Matter of LENARD BERRIAN, Petitioner, v. DONALD SELSKY, as Director…

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

Date published: Sep 23, 2004

Citations

10 A.D.3d 787 (N.Y. App. Div. 2004)
781 N.Y.S.2d 759

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Berrian v. Pataki

( Id. ¶ 8). See Berrian v. Selsky, 10 A.D.3d 787, 781 N.Y.S.2d 759, 760 (3d Dep't 2004) (New York Attorney…