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Matter of Taveras v. Dufrain

Appellate Division of the Supreme Court of New York, Third Department
Jun 3, 1999
262 A.D.2d 692 (N.Y. App. Div. 1999)

Opinion

June 3, 1999

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 Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Pedro Taveras, Cape Vincent, petitioner in person.

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

Before: CARDONA, P.J., MIKOLL, YESAWICH JR., CARPINELLO and GRAFFEO, JJ.


MEMORANDUM AND JUDGMENT

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging the determination finding him guilty of violating certain prison disciplinary rules. The Attorney-General has advised this court by letter that the determination at issue has been administratively reversed and all references to the disciplinary hearing will be expunged from petitioner's institutional record. Inasmuch as petitioner has received all the relief to which he is entitled, 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 Taveras v. Dufrain

Appellate Division of the Supreme Court of New York, Third Department
Jun 3, 1999
262 A.D.2d 692 (N.Y. App. Div. 1999)
Case details for

Matter of Taveras v. Dufrain

Case Details

Full title:In the Matter of PEDRO TAVERAS, Petitioner, v. CHARLES DUFRAIN, as…

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

Date published: Jun 3, 1999

Citations

262 A.D.2d 692 (N.Y. App. Div. 1999)
691 N.Y.S.2d 365