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In the Matter of Zaire v. West

Appellate Division of the Supreme Court of New York, Third Department
Mar 2, 2006
27 A.D.3d 810 (N.Y. App. Div. 2006)

Opinion

98456.

March 2, 2006.

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

David Zaire, Elmira, petitioner pro se.

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

Before: Spain, J.P., Mugglin, Rose, Lahtinen and Kane, JJ., concur.


Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating the prison disciplinary rule which prohibits fighting. The Attorney General has advised this Court 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 Burgos v. Miller, 1 AD3d 873, 874).

Adjudged that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $15.


Summaries of

In the Matter of Zaire v. West

Appellate Division of the Supreme Court of New York, Third Department
Mar 2, 2006
27 A.D.3d 810 (N.Y. App. Div. 2006)
Case details for

In the Matter of Zaire v. West

Case Details

Full title:In the Matter of DAVID ZAIRE, Petitioner, v. CALVIN WEST, as…

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

Date published: Mar 2, 2006

Citations

27 A.D.3d 810 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 1431
809 N.Y.S.2d 690

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