From Casetext: Smarter Legal Research

Matter of Saunders v. Allard

Appellate Division of the Supreme Court of New York, Third Department
Oct 26, 2000
276 A.D.2d 1006 (N.Y. App. Div. 2000)

Opinion

October 26, 2000.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Clinton County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Eric Saunders, Dannemora, petitioner in person.

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

Before: Mercure, J.P., Crew III, Carpinello, Graffeo and Rose, JJ.


MEMORANDUM AND JUDGMENT

The Attorney-General has advised this Court 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 of 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

Matter of Saunders v. Allard

Appellate Division of the Supreme Court of New York, Third Department
Oct 26, 2000
276 A.D.2d 1006 (N.Y. App. Div. 2000)
Case details for

Matter of Saunders v. Allard

Case Details

Full title:In the Matter of ERIC SAUNDERS, Petitioner, v. MICHAEL ALLARD, as Deputy…

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

Date published: Oct 26, 2000

Citations

276 A.D.2d 1006 (N.Y. App. Div. 2000)
715 N.Y.S.2d 914