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Potter v. Goord

Appellate Division of the Supreme Court of New York, Third Department
May 22, 2003
305 A.D.2d 899 (N.Y. App. Div. 2003)

Opinion

92529

May 22, 2003.

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

Franklin D. Potter, Marcy, petitioner pro se.

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

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


MEMORANDUM AND JUDGMENT

Petitioner challenges a determination finding him guilty of violating the prison disciplinary rule that prohibits the unauthorized possession of a controlled substance. 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 and is no longer aggrieved, the matter is dismissed as moot (see Matter of Hernandez v. Selsky, 301 A.D.2d 771).

Crew III, J.P., Peters, Carpinello, Rose and Kane, JJ., concur.

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


Summaries of

Potter v. Goord

Appellate Division of the Supreme Court of New York, Third Department
May 22, 2003
305 A.D.2d 899 (N.Y. App. Div. 2003)
Case details for

Potter v. Goord

Case Details

Full title:IN THE MATTER OF FRANKLIN D. POTTER, Petitioner, v. GLENN S. GOORD, AS…

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

Date published: May 22, 2003

Citations

305 A.D.2d 899 (N.Y. App. Div. 2003)
758 N.Y.S.2d 861