MATTER OF SILVA v. GOORD


297 A.D.2d 897 (2002)

747 N.Y.S.2d 405

In the Matter of GILBERTO SILVA, Petitioner, v. GLENN S. GOORD, as Commissioner of Correctional Services, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided September 26, 2002.


Peters, J.

Petitioner commenced this CPLR article 78 proceeding challenging a June 12, 2001 determination finding him guilty of violating a prison disciplinary rule prohibiting inmates from engaging in, encouraging or soliciting sexual activity. 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...

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