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Rivera v. Leclair

Appellate Division of the Supreme Court of New York, Third Department
May 22, 2008
51 A.D.3d 1297 (N.Y. App. Div. 2008)

Opinion

No. 503230.

May 22, 2008.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Washington County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

Alberto Rivera, Ossining, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.

Before: Cardona, P.J., Peters, Rose, Malone Jr. and Stein, JJ.


Following a tier II disciplinary hearing, petitioner was found guilty of damaging state property. Petitioner exhausted his administrative remedies and then commenced this CPLR article 78 proceeding seeking annulment of the determination. This Court has been advised by the Attorney General that the determination in question has since been administratively reversed and all references thereto have been expunged from petitioner's institutional record. Accordingly, petitioner has been afforded all of the relief to which he is entitled and this matter must be dismissed as moot ( see Matter of Ward v Goord, 43 AD3d 1257).

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


Summaries of

Rivera v. Leclair

Appellate Division of the Supreme Court of New York, Third Department
May 22, 2008
51 A.D.3d 1297 (N.Y. App. Div. 2008)
Case details for

Rivera v. Leclair

Case Details

Full title:In the Matter of ALBERTO RIVERA, Petitioner, v. DARWIN LECLAIR, as…

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

Date published: May 22, 2008

Citations

51 A.D.3d 1297 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 4579
856 N.Y.S.2d 899