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Matter of Vargas v. Doling

Appellate Division of the Supreme Court of New York, Third Department
Feb 24, 2000
269 A.D.2d 721 (N.Y. App. Div. 2000)

Opinion

February 24, 2000

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

Michael Vargas, Wallkill, petitioner in person.

Eliot Spitzer, Attorney-General (Marcus J. Mastracco of counsel), Albany, for respondents.

Before: CARDONA, P.J., MERCURE, CARPINELLO, GRAFFEO and MUGGLIN, JJ.


MEMORANDUM AND JUDGMENT

The Attorney-General has advised this court by letter that the determination at issue has been administratively reversed and that all references to the disciplinary hearing have been directed to 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 Addison v. Goord, 265 A.D.2d 719, 696 N.Y.S.2d 908; Matter of Witherspoon v. Goord, 243 A.D.2d 931).

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


Summaries of

Matter of Vargas v. Doling

Appellate Division of the Supreme Court of New York, Third Department
Feb 24, 2000
269 A.D.2d 721 (N.Y. App. Div. 2000)
Case details for

Matter of Vargas v. Doling

Case Details

Full title:In the Matter of MICHAEL VARGAS, Petitioner, v. R. DOLING, as Hearing…

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

Date published: Feb 24, 2000

Citations

269 A.D.2d 721 (N.Y. App. Div. 2000)
704 N.Y.S.2d 518

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