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In the Matter of Burgos v. Miller

Appellate Division of the Supreme Court of New York, Third Department
Nov 26, 2003
1 A.D.3d 873 (N.Y. App. Div. 2003)

Opinion

94100.

November 26, 2003.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, entered in Ulster County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

Raul E. Burgos, Napanoch, petitioner pro se.

Eliot Spitzer, Attorney General, Albany (Wayne L. Benjamin of counsel), for respondent.

Before: Cardona, P.J., Peters, Spain, Rose and Kane, JJ.


MEMORANDUM AND JUDGMENT

Petitioner commenced this proceeding challenging a determination finding him guilty of violating the prison disciplinary rule that prohibits possession of contraband 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 and is no longer aggrieved, the matter is dismissed as moot (see Matter of Saunders v. Goord, 289 A.D.2d 649).

Cardona, P.J., Peters, Spain, Rose and Kane, JJ., concur.

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


Summaries of

In the Matter of Burgos v. Miller

Appellate Division of the Supreme Court of New York, Third Department
Nov 26, 2003
1 A.D.3d 873 (N.Y. App. Div. 2003)
Case details for

In the Matter of Burgos v. Miller

Case Details

Full title:IN THE MATTER OF RAUL E. BURGOS, Petitioner, v. DAVID L. MILLER, AS…

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

Date published: Nov 26, 2003

Citations

1 A.D.3d 873 (N.Y. App. Div. 2003)
767 N.Y.S.2d 302

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