Castellano v. New York State Department of Correctional Services

Appellate Division of the Supreme Court of New York

Castellano v. New York State Department of Correctional Services

252 A.D.2d 603, 675 N.Y.S.2d 914, 1998 N.Y. App. Div. LEXIS 8042

Appellate Division of the Supreme Court of the State of New York·Decided July 2, 1998·Published

Opinion

—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 a prison disciplinary rule.

The Attorney-General has advised this Court by letter that the determination at issue has been administratively reversed and that all references thereto will be expunged from petitioner’s record. Inasmuch as petitioner has received all the relief to which he is entitled, the matter is moot and the petition is dismissed (see, Matter of Martin v Henderson, 159 AD2d 867).

Cardona, P. J., Mikoll, Crew III, Peters and Spain, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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—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 a prison disciplinary rule.

The Attorney-General has advised this Court by letter that the determination at issue has been administratively reversed and that all references thereto will be expunged from petitioner’s record. Inasmuch as petitioner has received all the relief to which he is entitled, the matter is moot and the petition is dismissed (see, Matter of Martin v Henderson, 159 AD2d 867).

Cardona, P. J., Mikoll, Crew III, Peters and Spain, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

Castellano v. New York State Department of Correctional Services, 252 A.D.2d 603, 675 N.Y.S.2d 914, 1998 N.Y. App. Div. LEXIS 8042 (N.Y. Ct. App. 1998).

Pincite

252 A.D.2d 603 (Castellano v. New York State Department of Correctional Services) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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