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In the Matter of Otero v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Mar 11, 2004
5 A.D.3d 907 (N.Y. App. Div. 2004)

Opinion

94572.

Decided March 11, 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.

Leslie Otero, Malone, petitioner pro se.

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

Before: Cardona, P.J., Mercure, Carpinello, Rose and Lahtinen, JJ.


MEMORANDUM AND JUDGMENT

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating urinalysis testing procedures. 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 Bellini v. Goord, 309 A.D.2d 1139).

Cardona, P.J., Mercure, Carpinello, Rose and Lahtinen, JJ., concur.

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


Summaries of

In the Matter of Otero v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Mar 11, 2004
5 A.D.3d 907 (N.Y. App. Div. 2004)
Case details for

In the Matter of Otero v. Goord

Case Details

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

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

Date published: Mar 11, 2004

Citations

5 A.D.3d 907 (N.Y. App. Div. 2004)
772 N.Y.S.2d 882

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