Appellate Division of the Supreme Court of New York, 1990

Martin v. Henderson

Martin v. Henderson
Appellate Division of the Supreme Court of New York · Decided March 29, 1990
159 A.D.2d 867; 554 N.Y.S.2d 1020; 1990 N.Y. App. Div. LEXIS 3112
Martin v. Henderson

Opinion of the Court

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

By letter dated October 20, 1989, the Attorney-General advised us that respondent would not be submitting a brief and requested that the proceeding be dismissed as moot since the determination under review had been administratively reversed and expungement directed. Since petitioner has received all the relief that he is entitled to, the matter is moot (see, Matter of Wong v Coughlin, 150 AD2d 832).

Petition dismissed, as moot, without costs. Mahoney, P. J., Casey, Weiss, Levine and Harvey, JJ., concur.

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