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James v. Goord

307 A.D.2d 564 Court N.Y. App. Div. Decision date 2003-07-17 English

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p. 564
In the Matter of Steven James, Petitioner, v Glenn S. Goord, as Commissioner of Correctional Services, Respondent.
[762 NYS2d 298]

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 which found petitioner guilty of violating a prison disciplinary rule.

Petitioner challenges a determination finding him guilty of violating the prison disciplinary rule that prohibits assault on an inmate. 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 Harding v Selsky, 295 AD2d 666 [2002]).

Mercure, J.P., Peters, Mugglin, Rose and Kane, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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