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In the Matter of Moore v. Cunningham

Appellate Division of the Supreme Court of New York, Third Department
Feb 26, 2004
4 A.D.3d 713 (N.Y. App. Div. 2004)

Opinion

94172.

Decided and Entered February 26, 2004.

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

Stanley Moore, Attica, petitioner pro se.

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

Before Cardona, P.J., Mercure, Crew III, Peters and Spain, JJ.


MEMORANDUM AND JUDGMENT

Petitioner commenced this proceeding challenging a prison disciplinary determination finding him guilty of a movement regulation violation. The Attorney General has advised this Court that the determination at issue has been administratively reversed and 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 Medina v. Senkowski, 309 A.D.2d 1122).

Cardona, P.J., Mercure, Crew III, Peters and Spain, JJ., concur.

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


Summaries of

In the Matter of Moore v. Cunningham

Appellate Division of the Supreme Court of New York, Third Department
Feb 26, 2004
4 A.D.3d 713 (N.Y. App. Div. 2004)
Case details for

In the Matter of Moore v. Cunningham

Case Details

Full title:IN THE MATTER OF STANLEY MOORE, Petitioner, v. RAYMOND J. CUNNINGHAM, AS…

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

Date published: Feb 26, 2004

Citations

4 A.D.3d 713 (N.Y. App. Div. 2004)
771 N.Y.S.2d 917