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Jackson v. Portuondo

281 A.D.2d 737 Court N.Y. App. Div. Decision date 2001-03-08 English

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p. 737
In the Matter of Nathaniel Jackson, Petitioner, v Leonard Portuondo, as Superintendent of Shawangunk Correctional Facility, et al., Respondents.
[721 NYS2d 574]

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

The Attorney General has advised this Court that the determination at issue has been administratively reversed and that all references to the disciplinary hearing will be 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 Vargas v Goord, 271 AD2d 729 ).

Mercure, J. P., Crew III, Spain, Rose and Lahtinen, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.