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Mitchell v. Bell

Appellate Division of the Supreme Court of New York, Third Department
Jan 24, 2002
290 A.D.2d 874 (N.Y. App. Div. 2002)

Opinion

90528

Decided and Entered: January 24, 2002.

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 Superintendent of Upstate Correctional Facility which found petitioner guilty of violating certain prison disciplinary rules.

Paul Mitchell, Collins, petitioner pro se.

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

Before: Crew III, J.P., Peters, Spain, Rose and Lahtinen, JJ.


MEMORANDUM AND JUDGMENT

The Attorney-General has advised this Court that the determination at issue herein dated April 29, 2000 has been administratively reversed and that all references to the disciplinary hearing have been expunged from petitioner's institutional record. Inasmuch as petitioner has received all of the relief to which he is entitled and is no longer aggrieved, the matter is dismissed as moot (see, Matter of Curtis v. Goord, 274 A.D.2d 808; Matter of Maldonado v. Miller, 259 A.D.2d 912).

Crew III, J.P., Peters, Spain, Rose and Lahtinen, JJ., concur.

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


Summaries of

Mitchell v. Bell

Appellate Division of the Supreme Court of New York, Third Department
Jan 24, 2002
290 A.D.2d 874 (N.Y. App. Div. 2002)
Case details for

Mitchell v. Bell

Case Details

Full title:In the Matter of PAUL MITCHELL, Petitioner, v. JAMES BELL, as Hearing…

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

Date published: Jan 24, 2002

Citations

290 A.D.2d 874 (N.Y. App. Div. 2002)
736 N.Y.S.2d 281