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238 A.D.2d 647

Sutton v. Coombe

Appellate Division of the Supreme Court of the State of New York · decided 1997-04-03

Decided 1997-04-03

¶1—Appeal from a judgment of the Supreme Court (Ellison, J.), entered March 29, 1996 in Chemung County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Commissioner of Correctional Services finding petitioner guilty of violating certain prison disciplinary rules.

¶2*648The Attorney-General has advised this Court by letter that respondents are not submitting a brief and he requests that this appeal 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 appeal is moot (see generally, Matter of Martin v Henderson, 159 AD2d 867).

¶3Cardona, P. J., Mikoll, White, Casey and Spain, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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