IN RE: Jehan ABDUR-RAHEEM (1999)

Supreme Court, Appellate Division, Third Department, New York.

IN RE: Jehan ABDUR-RAHEEM, Petitioner, v. Glenn GOORD, as Commissioner of the New York State Department of Correctional Services, Respondent.

Decided: April 08, 1999

Before: CREW III, J.P., SPAIN, CARPINELLO and GRAFFEO, JJ.

Jehan Abdur-Raheem, Auburn, petitioner in person. Eliot Spitzer, Attorney-General (Marcus J. Mastracco of counsel), Albany, for respondent.

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 respondent which found petitioner guilty of violating a prison disciplinary rule.

The Attorney-General has advised this court that the determination at issue in this proceeding has been reversed and that all references to the disciplinary hearing will be expunged from petitioner's institutional record. Because petitioner has received all the relief to which he is entitled, the matter is dismissed as moot (see, Matter of Witherspoon v. Goord, 243 A.D.2d 931, 662 N.Y.S.2d 871).

ADJUDGED that the petition is dismissed, as moot, without costs.

MEMORANDUM DECISION.

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