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Matter of Carrelaro v. Coughlin

Appellate Division of the Supreme Court of New York, Third Department
Sep 28, 1989
153 A.D.2d 996 (N.Y. App. Div. 1989)

Opinion

September 28, 1989

Appeal from the Supreme Court, Clinton County.


Following a Tier III Superintendent's hearing, petitioner, an inmate at Clinton Correctional Facility in Clinton County, was found guilty of violations of institutional rules 110.10 (assault), 113.10 (possession of a weapon) and 113.11 (possession of an item that had been impermissibly altered). This determination was affirmed upon administrative appeal and petitioner commenced this CPLR article 78 proceeding to challenge the assault charge only, which was subsequently transferred to this court.

This proceeding must be dismissed. Respondents have conceded that the assault charge against petitioner cannot stand and, accordingly, have administratively reversed the prior determination to that extent. We agree with respondents that the matter need not be remitted for administrative reconsideration of the penalty imposed since petitioner has already served his sentence in the special housing unit and there was no recommended loss of good time.

Proceeding dismissed, without costs. Mahoney, P.J., Mikoll, Yesawich, Jr., Mercure and Harvey, JJ., concur.


Summaries of

Matter of Carrelaro v. Coughlin

Appellate Division of the Supreme Court of New York, Third Department
Sep 28, 1989
153 A.D.2d 996 (N.Y. App. Div. 1989)
Case details for

Matter of Carrelaro v. Coughlin

Case Details

Full title:In the Matter of BATISTA CARRELARO, Petitioner, v. THOMAS A. COUGHLIN…

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

Date published: Sep 28, 1989

Citations

153 A.D.2d 996 (N.Y. App. Div. 1989)

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