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Pena v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Jun 21, 2001
284 A.D.2d 752 (N.Y. App. Div. 2001)

Opinion

Decided and Entered: June 21, 2001.

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 respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Diego Pena, Rome, petitioner in person.

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

Before: Mercure, J.P., Crew III, Carpinello, Mugglin and, Lahtinen, JJ.


MEMORANDUM AND JUDGMENT

Petitioner challenges a determination finding him guilty of commiting a sex offense and harrassment in violation of certain prison disciplinary rules. The Attorney-General has advised this Court by letter that the determination at issue has been administratively reversed and that all references thereto have been expunged from petitioner's institutional record. Inasmuch as petitioner has received all the relief to which he is entitled, the matter is dismissed as moot (see, Matter of Witherspoon v. Goord, 243 A.D.2d 931).

Mercure, J.P., Crew III, Carpinello, Mugglin and Lahtinen, JJ., concur.

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


Summaries of

Pena v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Jun 21, 2001
284 A.D.2d 752 (N.Y. App. Div. 2001)
Case details for

Pena v. Goord

Case Details

Full title:In the Matter of DIEGO PENA, Petitioner, v. GLENN S. GOORD, as…

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

Date published: Jun 21, 2001

Citations

284 A.D.2d 752 (N.Y. App. Div. 2001)
726 N.Y.S.2d 591

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