Appellate Division of the Supreme Court of New York, 1997

King v. Carpenter

King v. Carpenter
Appellate Division of the Supreme Court of New York · Decided January 23, 1997
235 A.D.2d 855; 652 N.Y.S.2d 1015; 1997 N.Y. App. Div. LEXIS 556
King v. Carpenter

Opinion of the Court

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 respondents which found petitioner guilty of violating certain prison disciplinary rules.

The Attorney-General has advised this Court by letter that respondents are not submitting a brief and requests that this proceeding be dismissed as moot inasmuch as the determination under review has been administratively reversed and ex-pungement has been directed. Because 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).

Mikoll, J. P., Mercure, Casey, Spain and Carpinello, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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