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Pena v. Selsky

Appellate Division of the Supreme Court of New York, Third Department
Dec 12, 2002
300 A.D.2d 797 (N.Y. App. Div. 2002)

Opinion

91797

Decided and Entered: December 12, 2002.

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 Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Helder Pena, Attica, petitioner pro se.

Eliot Spitzer, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.

Before: CREW III, J.P., PETERS, SPAIN, ROSE and KANE, JJ.


MEMORANDUM AND JUDGMENT

Petitioner commenced this CPLR article 78 proceeding to challenge a determination finding him guilty of violating the prison disciplinary rules that prohibit failing to comply with the guidelines regarding facility correspondence and providing legal assistance without prior approval. The Attorney General has advised this Court by letter that the determination at issue has been administratively reversed and all references thereto were directed to be 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 Watson v. Goord, 294 A.D.2d 725).

CREW III, J.P., PETERS, SPAIN, ROSE and KANE, JJ., concur.

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


Summaries of

Pena v. Selsky

Appellate Division of the Supreme Court of New York, Third Department
Dec 12, 2002
300 A.D.2d 797 (N.Y. App. Div. 2002)
Case details for

Pena v. Selsky

Case Details

Full title:In the Matter of HELDER PENA, Petitioner, v. DONALD SELSKY, as Director of…

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

Date published: Dec 12, 2002

Citations

300 A.D.2d 797 (N.Y. App. Div. 2002)
750 N.Y.S.2d 797

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