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In the Matter of Simmonds v. Walsh

Appellate Division of the Supreme Court of New York, Third Department
Nov 24, 2004
12 A.D.3d 994 (N.Y. App. Div. 2004)

Opinion

95642

November 24, 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.

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 that prohibits gambling. 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, the matter is dismissed as moot ( see Matter of Ree v. Goord, 294 AD2d 735).

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


Summaries of

In the Matter of Simmonds v. Walsh

Appellate Division of the Supreme Court of New York, Third Department
Nov 24, 2004
12 A.D.3d 994 (N.Y. App. Div. 2004)
Case details for

In the Matter of Simmonds v. Walsh

Case Details

Full title:In the Matter of ROGER SIMMONDS, Petitioner, v. JAMES WALSH, as…

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

Date published: Nov 24, 2004

Citations

12 A.D.3d 994 (N.Y. App. Div. 2004)
784 N.Y.S.2d 910