From Casetext: Smarter Legal Research

In Matter of Jackson v. Prack

Appellate Division of the Supreme Court of New York, Third Department
Nov 17, 2011
2011 N.Y. Slip Op. 8252 (N.Y. App. Div. 2011)

Opinion

511504.

Calendar Date: September 28, 2011.

Decided and Entered: November 17, 2011.

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 the Commissioner of Corrections and Community Supervision which found petitioner guilty of violating a prison disciplinary rule.

Vernon Jackson, Malone, petitioner pro se.

Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.

Before: Mercure, J.P., Spain, Lahtinen, Kavanagh and Garry, JJ.


MEMORANDUM AND JUDGMENT

Petitioner commenced this CPLR article 78 proceeding challenging a prison disciplinary determination. The Attorney General has advised this Court that the determination at issue has been administratively reversed and that all references thereto have been expunged from petitioner's institutional record. In view of this, and since petitioner has received all the relief to which he is entitled, the matter is now moot and the petition must be dismissed ( see Matter of Kalwasinski v Fischer , 85 AD3d 1471 , 1472; Matter of Miranda v Bezio , 84 AD3d 1661 ).

Mercure, J.P., Spain, Lahtinen, Kavanagh and Garry, JJ., concur.

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


Summaries of

In Matter of Jackson v. Prack

Appellate Division of the Supreme Court of New York, Third Department
Nov 17, 2011
2011 N.Y. Slip Op. 8252 (N.Y. App. Div. 2011)
Case details for

In Matter of Jackson v. Prack

Case Details

Full title:IN THE MATTER OF VERNON JACKSON, Petitioner, v. ALBERT PRACK, as DIRECTOR…

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

Date published: Nov 17, 2011

Citations

2011 N.Y. Slip Op. 8252 (N.Y. App. Div. 2011)