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Johnson v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Sep 11, 2003
308 A.D.2d 621 (N.Y. App. Div. 2003)

Opinion

93338

September 11, 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 certain prison disciplinary rules.

Andre Johnson, Malone, petitioner pro se.

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

Before: Mercure, J.P., Peters, Mugglin, Rose and Kane, JJ.


MEMORANDUM AND JUDGMENT

Petitioner commenced this proceeding challenging a determination finding him guilty of violating the prison disciplinary rules that prohibit violent conduct, assaulting an inmate, fighting and possession of a weapon. 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 Maldonado v. Goord, 296 A.D.2d 807).

Mercure, J.P., Peters, Mugglin, Rose and Kane, JJ., concur.

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


Summaries of

Johnson v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Sep 11, 2003
308 A.D.2d 621 (N.Y. App. Div. 2003)
Case details for

Johnson v. Goord

Case Details

Full title:IN THE MATTER OF ANDRE JOHNSON, Petitioner, v. GLENN S. GOORD, as…

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

Date published: Sep 11, 2003

Citations

308 A.D.2d 621 (N.Y. App. Div. 2003)
764 N.Y.S.2d 224

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