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Jackson v. Brown

Appellate Division of the Supreme Court of New York, Third Department
Feb 7, 2008
48 A.D.3d 853 (N.Y. App. Div. 2008)

Opinion

No. 502801.

February 7, 2008.

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

Carl Jackson, Pine City, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.

Before: Cardona, P.J., Peters, Carpinello, Lahtinen and Malone Jr., JJ.


Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a tier II disciplinary determination finding him guilty of interference with an employee and harassment. The Attorney General has advised this Court that, during the pendency of this proceeding, the determination at issue has been administratively reversed and all references thereto have been expunged from petitioner's institutional record. Accordingly, inasmuch as petitioner has been provided all of the relief to which he is entitled, the matter is now dismissed as moot ( see Matter of Ward v Goord, 43 AD3d 1257, 1257).

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


Summaries of

Jackson v. Brown

Appellate Division of the Supreme Court of New York, Third Department
Feb 7, 2008
48 A.D.3d 853 (N.Y. App. Div. 2008)
Case details for

Jackson v. Brown

Case Details

Full title:In the Matter of CARL JACKSON, Petitioner, v. WD. BROWN, as Superintendent…

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

Date published: Feb 7, 2008

Citations

48 A.D.3d 853 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 1051
849 N.Y.S.2d 810

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