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Zaire v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Jul 11, 2002
296 A.D.2d 683 (N.Y. App. Div. 2002)

Opinion

90949

July 11, 2002.

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

David Zaire, Dannemora, petitioner pro se.

Eliot Spitzer, Attorney General, Albany (Nancy A. Spiegel of counsel), for respondent.

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


MEMORANDUM AND JUDGMENT

Petitioner was found guilty of violating the prison disciplinary rule prohibiting inmates from making threats. The determination has now been administratively reversed and all references thereto have been expunged from petitioner's institutional records. 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 Curtis v. Goord, 274 A.D.2d 808; Matter of Maldonado v. Miller, 259 A.D.2d 912).

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

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


Summaries of

Zaire v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Jul 11, 2002
296 A.D.2d 683 (N.Y. App. Div. 2002)
Case details for

Zaire v. Goord

Case Details

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

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

Date published: Jul 11, 2002

Citations

296 A.D.2d 683 (N.Y. App. Div. 2002)
744 N.Y.S.2d 729