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Matter of Silva v. Walker

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 31, 1997
245 A.D.2d 1115 (N.Y. App. Div. 1997)

Opinion

December 31, 1997

Present — Lawton, J. P., Hayes, Wisner, Callahan and Boehm, JJ.


Petition unanimously dismissed without costs. Memorandum: Petitioner commenced this proceeding seeking to annul a determination that he violated inmate rule 100.13, prohibiting fighting ( 7 NYCRR 270.2 [B] [1] [iv]). After the proceeding was transferred to this Court pursuant to CPLR 7804 (g), respondent issued an administrative order reversing the determination and directing that all references to the disciplinary proceeding be expunged. Because petitioner has obtained the relief he seeks, this proceeding is dismissed as moot ( see, Matter of Free v. Coombe, 234 A.D.2d 996). (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Cayuga County, Corning, J.)


Summaries of

Matter of Silva v. Walker

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 31, 1997
245 A.D.2d 1115 (N.Y. App. Div. 1997)
Case details for

Matter of Silva v. Walker

Case Details

Full title:In the Matter of GILBERTO SILVA, Petitioner, v. HANS WALKER, as…

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

Date published: Dec 31, 1997

Citations

245 A.D.2d 1115 (N.Y. App. Div. 1997)
666 N.Y.S.2d 96

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