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Matter of Torres v. Miller

Appellate Division of the Supreme Court of New York, Third Department
Oct 26, 2000
276 A.D.2d 957 (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 Ulster County) to review two determinations of the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Victor Torres, Napanoch, petitioner in person.

Eliot Spitzer, Attorney-General (Kathleen M. Treasure of counsel), Albany, for respondent.

Before: Peters, J.P., Graffeo, Mugglin, Rose and Lahtinen, JJ.


MEMORANDUM AND JUDGMENT

The Attorney-General has advised this Court that the determinations at issue have been administratively reversed and that all references to the disciplinary hearings will be 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 Witherspoon v. Goord, 243 A.D.2d 931).

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


Summaries of

Matter of Torres v. Miller

Appellate Division of the Supreme Court of New York, Third Department
Oct 26, 2000
276 A.D.2d 957 (N.Y. App. Div. 2000)
Case details for

Matter of Torres v. Miller

Case Details

Full title:In the Matter of VICTOR TORRES, Petitioner, v. DAVID L. MILLER, as…

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

Date published: Oct 26, 2000

Citations

276 A.D.2d 957 (N.Y. App. Div. 2000)
715 N.Y.S.2d 920