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Poole v. Goord

Appellate Division of the Supreme Court of New York, Third Department
May 15, 2003
305 A.D.2d 833 (N.Y. App. Div. 2003)

Opinion

92407

Decided and Entered: May 15, 2003.

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

William Poole, Ray Brook, petitioner pro se.

Eliot Spitzer, Attorney General, Albany (Nancy A. Spiegel of counsel), for respondents.

Before: Crew III, J.P., Peters, Spain, Rose and Lahtinen, JJ.


MEMORANDUM AND JUDGMENT

Petitioner challenges a determination finding him guilty of violating the prison disciplinary rule which prohibits fighting and refusing a direct order. The Attorney General has advised this Court by letter that the determination at issue has been administratively reversed and that all references thereto have been 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 Bazelais v. Goord, 278 A.D.2d 723).

Crew III, J.P., Peters, Spain, Rose and Lahtinen, JJ., concur.

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


Summaries of

Poole v. Goord

Appellate Division of the Supreme Court of New York, Third Department
May 15, 2003
305 A.D.2d 833 (N.Y. App. Div. 2003)
Case details for

Poole v. Goord

Case Details

Full title:In the Matter of WILLIAM POOLE, Petitioner, v. GLENN S. GOORD, as…

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

Date published: May 15, 2003

Citations

305 A.D.2d 833 (N.Y. App. Div. 2003)
758 N.Y.S.2d 556

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