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Parkinson v. McGinnis

Appellate Division of the Supreme Court of New York, Third Department
Nov 8, 2007
45 A.D.3d 1036 (N.Y. App. Div. 2007)

Opinion

No. 502603.

November 8, 2007.

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 Superintendent of Southport Correctional Facility which found petitioner guilty of violating a prison disciplinary rule.

David Parkinson, Dannemora, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondents.

Before: Cardona, P.J., Crew III, Peters, Rose and Kane, JJ., concur.


Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating the prison disciplinary rule prohibiting unauthorized exchange. The Attorney General has advised this Court that the determination in question has been administratively reversed and all references thereto have been expunged from petitioner's institutional record. Accordingly, because petitioner has been afforded all the relief to which he is entitled, the petition is dismissed as moot ( see Matter of Roman v Goord, 41 AD3d 1102, 1102 [2007]).

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


Summaries of

Parkinson v. McGinnis

Appellate Division of the Supreme Court of New York, Third Department
Nov 8, 2007
45 A.D.3d 1036 (N.Y. App. Div. 2007)
Case details for

Parkinson v. McGinnis

Case Details

Full title:In the Matter of DAVID PARKINSON, Petitioner, v. M.P. McGINNIS, as…

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

Date published: Nov 8, 2007

Citations

45 A.D.3d 1036 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 8347
843 N.Y.S.2d 921

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