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In the Matter of Fulton v. Greene

Appellate Division of the Supreme Court of New York, Third Department
Jun 16, 2005
19 A.D.3d 825 (N.Y. App. Div. 2005)

Opinion

95935.

June 16, 2005.

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

Alvin Fulton Jr., Comstock, petitioner pro se.

Eliot Spitzer, Attorney General, Albany (Andrea Oser of counsel), for respondents.

Before: Cardona, P.J., Crew III, Spain, Mugglin and Lahtinen, JJ., concur.


Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating the prison disciplinary rule that prohibits refusing a direct order. 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 Reyes v. Goord, 6 AD3d 781).

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


Summaries of

In the Matter of Fulton v. Greene

Appellate Division of the Supreme Court of New York, Third Department
Jun 16, 2005
19 A.D.3d 825 (N.Y. App. Div. 2005)
Case details for

In the Matter of Fulton v. Greene

Case Details

Full title:In the Matter of ALVIN FULTON, JR., Petitioner, v. GARY GREENE, as…

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

Date published: Jun 16, 2005

Citations

19 A.D.3d 825 (N.Y. App. Div. 2005)
796 N.Y.S.2d 564