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Medina v. Napoli

Appellate Division of the Supreme Court of New York, Third Department
Mar 27, 2008
49 A.D.3d 1145 (N.Y. App. Div. 2008)

Opinion

No. 503498.

March 27, 2008.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Chemung County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Anthony Medina, Pine City, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Frank Brady of counsel), for respondent.

Before: Mercure, J.P., Peters, Rose, Lahtinen and Malone Jr., JJ.


Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating certain prison disciplinary rules. The Attorney General has advised this Court that the determination at issue has been administratively reversed and all references thereto have been expunged from petitioner's institutional record. Accordingly, inasmuch as petitioner has received all the relief to which he is entitled and is no longer aggrieved, the appeal is dismissed as moot ( see Matter of Lewis v Goord, 45 AD3d 1140, 1140; Matter of Parkinson v McGinnis, 45 AD3d 1036, 1036).

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


Summaries of

Medina v. Napoli

Appellate Division of the Supreme Court of New York, Third Department
Mar 27, 2008
49 A.D.3d 1145 (N.Y. App. Div. 2008)
Case details for

Medina v. Napoli

Case Details

Full title:In the Matter of ANTHONY MEDINA, Petitioner, v. DAVID NAPOLI, as…

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

Date published: Mar 27, 2008

Citations

49 A.D.3d 1145 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 2741
856 N.Y.S.2d 889

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