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Matter of Boyer v. Cohen

Appellate Division of the Supreme Court of New York, Third Department
Jan 21, 1999
257 A.D.2d 864 (N.Y. App. Div. 1999)

Opinion

January 21, 1999.

Appeal from the Supreme Court (Connor, J.).


Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging an adverse determination following a tier II disciplinary hearing which found him guilty of violating a prison disciplinary rule. After the Attorney General advised Supreme Court that the determination at issue had been administratively reversed and that all references thereto were expunged from petitioner's institutional record, the court granted respondents' motion to dismiss the petition as moot ( see, Matter of Martin v. Henderson, 159 A.D.2d 867). We affirm. Despite petitioner's contention otherwise, there is nothing in the record to support his conclusory assertion that references to the matter were not completely expunged from his institutional record as maintained by the Attorney General.

Mikoll, J. P., Mercure, Peters, Spain and Graffeo, JJ., concur.

Adjudged that the judgment is affirmed, without costs.


Summaries of

Matter of Boyer v. Cohen

Appellate Division of the Supreme Court of New York, Third Department
Jan 21, 1999
257 A.D.2d 864 (N.Y. App. Div. 1999)
Case details for

Matter of Boyer v. Cohen

Case Details

Full title:IN THE MATTER OF DANIEL E. BOYER, Petitioner, v. SHELDON COHEN, as…

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

Date published: Jan 21, 1999

Citations

257 A.D.2d 864 (N.Y. App. Div. 1999)
682 N.Y.S.2d 644

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