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In the Matter of McGee v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Jan 8, 2004
3 A.D.3d 634 (N.Y. App. Div. 2004)

Opinion

94041.

Decided and Entered: January 8, 2004.

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.

Michael McGee, Romulus, petitioner pro se.

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

Before: Mercure, J.P., Peters, Carpinello, Mugglin and Kane, JJ.


MEMORANDUM AND JUDGMENT

Petitioner challenges a determination finding him guilty of violating the prison disciplinary rule that prohibits the unauthorized use of a controlled substance. 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 Potter v. Goord, 305 A.D.2d 899, 899).

Mercure, J.P., Peters, Carpinello, Mugglin and Kane, JJ., concur.

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


Summaries of

In the Matter of McGee v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Jan 8, 2004
3 A.D.3d 634 (N.Y. App. Div. 2004)
Case details for

In the Matter of McGee v. Goord

Case Details

Full title:IN THE MATTER OF MICHAEL McGEE, Petitioner, v. GLENN S. GOORD, AS…

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

Date published: Jan 8, 2004

Citations

3 A.D.3d 634 (N.Y. App. Div. 2004)
769 N.Y.S.2d 911

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