Abdullah v. Roberts

Appellate Division of the Supreme Court of New York

Abdullah v. Roberts

295 A.D.2d 684, 742 N.Y.S.2d 925, 2002 N.Y. App. Div. LEXIS 5825

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 6, 2002

StatusPublished

This text of 295 A.D.2d 684 (Abdullah v. Roberts) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Abdullah v. Roberts, 295 A.D.2d 684, 742 N.Y.S.2d 925, 2002 N.Y. App. Div. LEXIS 5825 (N.Y. Ct. App. 2002).

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Opinion

—Proceeding pursuant to CPLR article 78 (transferred to this Court, by order of the Supreme Court, entered in Franklin County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

[685]*685Petitioner commenced this CPLR article 78 proceeding to obtain review of an administrative determination finding him guilty of violating the prison disciplinary rule that prohibits refusing to obey a direct order. The determination was administratively reversed on April 23, 2002 and all references thereto have been expunged from petitioner’s institutional records. Inasmuch as petitioner has received all the relief to which he is entitled and is no longer aggrieved, the matter is dismissed as moot (see, Matter of Curtis v Goord, 274 AD2d 808; Matter of Maldonado v Miller, 259 AD2d 912).

Cardona, P.J., Peters, Spain, Mugglin and Rose, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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—Proceeding pursuant to CPLR article 78 (transferred to this Court, by order of the Supreme Court, entered in Franklin County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

[685]*685Petitioner commenced this CPLR article 78 proceeding to obtain review of an administrative determination finding him guilty of violating the prison disciplinary rule that prohibits refusing to obey a direct order. The determination was administratively reversed on April 23, 2002 and all references thereto have been expunged from petitioner’s institutional records. Inasmuch as petitioner has received all the relief to which he is entitled and is no longer aggrieved, the matter is dismissed as moot (see, Matter of Curtis v Goord, 274 AD2d 808; Matter of Maldonado v Miller, 259 AD2d 912).

Cardona, P.J., Peters, Spain, Mugglin and Rose, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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Bluebook (online)

295 A.D.2d 684, 742 N.Y.S.2d 925, 2002 N.Y. App. Div. LEXIS 5825, Counsel Stack Legal Research, https://law.counselstack.com/opinion/abdullah-v-roberts-nyappdiv-2002.

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