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In re Tafari

Appellate Division of the Supreme Court of New York, Third Department
Nov 19, 2009
67 A.D.3d 1227 (N.Y. App. Div. 2009)

Opinion

No. 506773.

November 19, 2009.

Appeal from a judgment of the Supreme Court (Feldstein, J.), entered February 27, 2009 in Clinton County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent finding petitioner guilty of violating a prison disciplinary rule.

Injah Tafari, Malone, appellant pro se.

Andrew M. Cuomo, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.

Before: Spain, J.P., Rose, Stein, McCarthy and Garry, JJ., concur.


Petitioner commenced this CPLR article 78 proceeding seeking to annul and expunge from his institutional record the administrative determination finding him guilty of failing to obey a direct order in violation of a prison disciplinary rule. The Attorney General has advised this Court that the determination at issue has been administratively reversed and all references thereto have been expunged from petitioner's institutional record. Inasmuch as petitioner has received all the relief he requested, this appeal is dismissed as moot ( see Matter of Molano v Bezio, 60 AD3d 1233, 1234; Matter of Correnti v Leclaire, 52 AD3d 1153, 1153).

Ordered that the appeal is dismissed, as moot, without costs.


Summaries of

In re Tafari

Appellate Division of the Supreme Court of New York, Third Department
Nov 19, 2009
67 A.D.3d 1227 (N.Y. App. Div. 2009)
Case details for

In re Tafari

Case Details

Full title:In the Matter of INJAH TAFAKI, Appellant, v. BRIAN S. FISCHER, as…

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

Date published: Nov 19, 2009

Citations

67 A.D.3d 1227 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 8542
888 N.Y.S.2d 442