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In the Matter of James E. Cliff, Petitioner, v. D. A. Senkowski, as Superintendent of Clinton Correctional Facility, et al., Respondents

New York Supreme Court, Appellate Division1996-12-19
234 A.D.2d 836651 N.Y.S.2d 942

Authorities cited

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Opinion

majority opinion

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Clinton 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, White, Yesawich Jr. and Peters, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.