From Casetext: Smarter Legal Research

Akam v. Dufrain

Appellate Division of the Supreme Court of New York, Third Department
Jul 13, 2000
274 A.D.2d 707 (N.Y. App. Div. 2000)

Opinion

July 13, 2000.

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 Superintendent of Franklin Correctional Facility which found petitioner guilty of violating a prison disciplinary rule.

Edward Akam, Port Washington, petitioner in person.

Eliot Spitzer, Attorney-General (Kathleen M. Treasure of counsel), Albany, for respondents.

Before: Crew III, J.P., Peters, Spain, Carpinello and Graffeo, JJ.


MEMORANDUM AND JUDGMENT

The Attorney-General has advised this court by letter that the determination at issue has been administratively reversed and that all references to the disciplinary hearing 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 Witherspoon v. Goord, 243 A.D.2d 931).

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


Summaries of

Akam v. Dufrain

Appellate Division of the Supreme Court of New York, Third Department
Jul 13, 2000
274 A.D.2d 707 (N.Y. App. Div. 2000)
Case details for

Akam v. Dufrain

Case Details

Full title:IN THE MATTER OF EDWARD AKAM, Petitioner, v. CHARLES DUFRAIN, AS…

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

Date published: Jul 13, 2000

Citations

274 A.D.2d 707 (N.Y. App. Div. 2000)
711 N.Y.S.2d 802

Citing Cases

Matter of Hernandez v. Goord

Respondents, accordingly, request that the matter be dismissed as moot. Petitioner opposes respondents'…