Appellate Division of the Supreme Court of New York, 1997

Harrison v. O'Keefe

Harrison v. O'Keefe
Appellate Division of the Supreme Court of New York · Decided April 3, 1997
238 A.D.2d 655; 656 N.Y.S.2d 971; 1997 N.Y. App. Div. LEXIS 3124
Harrison v. O'Keefe

Opinion of the Court

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

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 that he is entitled to, the matter is moot and the petition is dismissed (see, Matter of Martin v Henderson, 159 AD2d 867).

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

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