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Jones v. Burge

Appellate Division of the Supreme Court of New York, Third Department
Aug 10, 2006
32 A.D.3d 645 (N.Y. App. Div. 2006)

Opinion

99529.

August 10, 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 Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Leroy Jones, Elmira, petitioner pro se.

Eliot Spitzer, Attorney General, Albany (Andrea Oser of counsel), for respondent.

Before: Cardona, P.J., Crew III, Mugglin, Rose and Lahtinen, JJ.


Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating the prison disciplinary rules that prohibit possession of contraband and possession of drugs. The Attorney General has advised this Court that the determination at issue has been administratively reversed and all references thereto 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 Carroll v Goord, 24 AD3d 845).

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


Summaries of

Jones v. Burge

Appellate Division of the Supreme Court of New York, Third Department
Aug 10, 2006
32 A.D.3d 645 (N.Y. App. Div. 2006)
Case details for

Jones v. Burge

Case Details

Full title:In the Matter of LEROY JONES, Petitioner, v. JOHN BURGE, as Superintendent…

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

Date published: Aug 10, 2006

Citations

32 A.D.3d 645 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 6190
818 N.Y.S.2d 923