Andino v. Brown

Appellate Division of the Supreme Court of New York

Andino v. Brown

46 A.D.3d 969, 845 N.Y.S.2d 923

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

DecidedDecember 6, 2007

StatusPublished

This text of 46 A.D.3d 969 (Andino v. Brown) 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

Andino v. Brown, 46 A.D.3d 969, 845 N.Y.S.2d 923 (N.Y. Ct. App. 2007).

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Opinion

Appeal from a judgment of the Supreme Court (Stein, J.), entered December 15, 2006 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Superintendent of Eastern Correctional Facility finding petitioner guilty of violating a prison disciplinary rule.

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating a prison disciplinary rule. Following joinder of issue, Supreme Court dismissed the petition and this appeal ensued. The Attorney General has advised this Court that the determination at issue has been administratively reversed and all references thereto have been expunged from petitioner’s institutional record. To the extent that petitioner also sought to be returned to the facility where he had been previously housed, there is no such right (see Matter of Mosher v Goord, 300 AD2d 726 [2002]). Consequently, inasmuch as petitioner has received all the relief to which he is entitled and is no longer aggrieved, the appeal is dismissed as moot (see Matter of Applewhite v Selsky, 14 AD3d 736, 737 [2005]).

[970]*970Cardona, P.J., Peters, Spain, Mugglin and Rose, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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Appeal from a judgment of the Supreme Court (Stein, J.), entered December 15, 2006 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Superintendent of Eastern Correctional Facility finding petitioner guilty of violating a prison disciplinary rule.

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating a prison disciplinary rule. Following joinder of issue, Supreme Court dismissed the petition and this appeal ensued. The Attorney General has advised this Court that the determination at issue has been administratively reversed and all references thereto have been expunged from petitioner’s institutional record. To the extent that petitioner also sought to be returned to the facility where he had been previously housed, there is no such right (see Matter of Mosher v Goord, 300 AD2d 726 [2002]). Consequently, inasmuch as petitioner has received all the relief to which he is entitled and is no longer aggrieved, the appeal is dismissed as moot (see Matter of Applewhite v Selsky, 14 AD3d 736, 737 [2005]).

[970]*970Cardona, P.J., Peters, Spain, Mugglin and Rose, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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Bluebook (online)

46 A.D.3d 969, 845 N.Y.S.2d 923, Counsel Stack Legal Research, https://law.counselstack.com/opinion/andino-v-brown-nyappdiv-2007.

Opinion

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