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In the Matter of Scott v. Senkowski

Appellate Division of the Supreme Court of New York, Third Department
Nov 6, 2003
1 A.D.3d 666 (N.Y. App. Div. 2003)

Opinion

93344

Decided and Entered: November 6, 2003.

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.

C.J. Scott, Dannemora, petitioner pro se.

Eliot Spitzer, Attorney General, Albany (Patrick Barnett — Mulligan of counsel), for respondent.

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


MEMORANDUM AND JUDGMENT

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating a prison disciplinary rule which prohibits obtaining legal assistance without authorization. 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 Smith v. Goord, 286 A.D.2d 793).

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

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


Summaries of

In the Matter of Scott v. Senkowski

Appellate Division of the Supreme Court of New York, Third Department
Nov 6, 2003
1 A.D.3d 666 (N.Y. App. Div. 2003)
Case details for

In the Matter of Scott v. Senkowski

Case Details

Full title:IN THE MATTER OF C.J. SCOTT, Petitioner, v. DANIEL SENKOWSKI, as…

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

Date published: Nov 6, 2003

Citations

1 A.D.3d 666 (N.Y. App. Div. 2003)
766 N.Y.S.2d 613