Matter of Wilson v West

Decided and Entered: July 7, 2005
96924
__________________
In the Matter of GORDON WILSON,
Petitioner,
v MEMORANDUM AND JUDGMENT
CALVIN WEST, as Superintendent
of Elmira Correctional
Facility,
Respondent.
.....

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Decided and Entered: July 7, 2005 96924 ________________________________ In the Matter of GORDON WILSON, Petitioner, v MEMORANDUM AND JUDGMENT CALVIN WEST, as Superintendent of Elmira Correctional Facility, Respondent. ___________________________ Calendar Date: May 18, 2005 Before: Mercure, J.P., Crew III, Peters, Spain and Lahtinen, JJ. __________ Gordon Wilson, Pine City, petitioner pro se. Eliot Spitzer, Attorney General, Albany (Wayne L. Benjamin of counsel), for respondent. __________ Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Chemung County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule. Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of failing to comply with facility count procedures. The Attorney General has advised this Court by letter that the determination at issue has been administratively reversed and that all references thereto have been expunged from petitioner’s institutional record. Inasmuch as petitioner has received all the relief to which he is entitled, the matter is dismissed as moot (see Matter of Burgess v McGinnis, 297 AD2d 871 [2002]). Mercure, J.P., Crew III, Peters, Spain and Lahtinen, JJ., concur. ADJUDGED that the petition is dismissed, as moot, without costs. ENTER: Michael J. Novack Clerk of the Court State of New York Supreme Court, Appellate Division Third Judicial Department -2- 96924

Matter of Wilson v West

Decided and Entered: July 7, 2005 96924 ________________________________ In the Matter of GORDON WILSON, Petitioner, v MEMORANDUM AND JUDGMENT CALVIN WEST, as Superintendent of Elmira Correctional Facility, Respondent. ______________.....

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Decided and Entered: July 7, 2005
96924
__________________
In the Matter of GORDON WILSON,
Petitioner,
v MEMORANDUM AND JUDGMENT
CALVIN WEST, as Superintendent
of Elmira Correctional
Facility,
Respondent.
.....