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Matter of Colon v. Sup., Franklin

Appellate Division of the Supreme Court of New York, Third Department
Apr 8, 2004
6 A.D.3d 845 (N.Y. App. Div. 2004)

Opinion

94446.

Decided and Entered: April 8, 2004.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Franklin County) to review a determination of respondent Superintendent of Franklin Correctional Facility which found petitioner guilty of violating certain prison disciplinary rules.

George Colon, Pine City, petitioner pro se.

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

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


MEMORANDUM AND JUDGMENT

Petitioner commenced this proceeding challenging a determination finding him guilty of violating the prison disciplinary rules prohibiting fighting and disorderly conduct. 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 Johnson v Goord, 308 A.D.2d 621).

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

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


Summaries of

Matter of Colon v. Sup., Franklin

Appellate Division of the Supreme Court of New York, Third Department
Apr 8, 2004
6 A.D.3d 845 (N.Y. App. Div. 2004)
Case details for

Matter of Colon v. Sup., Franklin

Case Details

Full title:IN THE MATTER OF GEORGE COLON, Petitioner, v. SUPERINTENDENT OF FRANKLIN…

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

Date published: Apr 8, 2004

Citations

6 A.D.3d 845 (N.Y. App. Div. 2004)
773 N.Y.S.2d 912