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In the Matter of Hurley v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Apr 20, 2006
28 A.D.3d 981 (N.Y. App. Div. 2006)

Opinion

98737.

April 20, 2006.

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.

Vincent Hurley, Comstock, petitioner pro se.

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

Before: Crew III, J.P., Peters, Carpinello, Mugglin and Rose, JJ., concur.


Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating the prison disciplinary rule which prohibits drug possession. The Attorney General has advised this Court 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 Diaz v. Goord, 19 AD3d 844).

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


Summaries of

In the Matter of Hurley v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Apr 20, 2006
28 A.D.3d 981 (N.Y. App. Div. 2006)
Case details for

In the Matter of Hurley v. Goord

Case Details

Full title:In the Matter of VINCENT HURLEY, Petitioner, v. GLENN S. GOORD, as…

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

Date published: Apr 20, 2006

Citations

28 A.D.3d 981 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 2960
812 N.Y.S.2d 389

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