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Matter of Sutton v. Coombe

Appellate Division of the Supreme Court of New York, Third Department
Apr 3, 1997
238 A.D.2d 647 (N.Y. App. Div. 1997)

Opinion

April 3, 1997


Appeal from a judgment of the Supreme Court (Ellison, J.), entered March 29, 1996 in Chemung County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Commissioner of Correctional Services finding petitioner guilty of violating certain prison disciplinary rules.

The Attorney-General has advised this Court by letter that respondents are not submitting a brief and he requests that this appeal be dismissed as moot inasmuch as the determination under review has been administratively reversed and expungement has been directed. Because petitioner has received all the relief to which he is entitled, the appeal is moot ( see generally, Matter of Martin v. Henderson, 159 A.D.2d 867).

Cardona, P.J., Mikoll, White, Casey and Spain, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.


Summaries of

Matter of Sutton v. Coombe

Appellate Division of the Supreme Court of New York, Third Department
Apr 3, 1997
238 A.D.2d 647 (N.Y. App. Div. 1997)
Case details for

Matter of Sutton v. Coombe

Case Details

Full title:In the Matter of STANLEY SUTTON, Appellant, v. PHILIP COOMBE, JR., as…

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

Date published: Apr 3, 1997

Citations

238 A.D.2d 647 (N.Y. App. Div. 1997)
656 N.Y.S.2d 957

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