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In re Washington

Appellate Division of the Supreme Court of New York, Third Department
Jan 14, 2010
69 A.D.3d 1072 (N.Y. App. Div. 2010)

Opinion

No. 507001.

January 14, 2010.

Appeal from a judgment of the Supreme Court (Cerio, Jr., J.), entered April 13, 2009 in Chemung 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.

Anthony Washington, Coxsackie, appellant pro se.

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

Before: Cardona, P.J., Mercure, Rose, Kavanagh and Stein, JJ., concur.


Petitioner, an inmate, commenced this CPLR article 78 proceeding seeking to annul a tier II disciplinary determination which found him guilty of refusing a direct order. Supreme Court dismissed the petition and this appeal ensued. 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. Accordingly, inasmuch as petitioner has received all the relief to which he was entitled, the appeal is dismissed as moot ( see Matter of Kha'Sun Creator Allah v Woods, 52 AD3d 1063, 1063-1064).

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


Summaries of

In re Washington

Appellate Division of the Supreme Court of New York, Third Department
Jan 14, 2010
69 A.D.3d 1072 (N.Y. App. Div. 2010)
Case details for

In re Washington

Case Details

Full title:In the Matter of ANTHONY WASHINGTON, Appellant, v. DAVID NAPOLI, as…

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

Date published: Jan 14, 2010

Citations

69 A.D.3d 1072 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 331
891 N.Y.S.2d 684

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