Antonucci v. Scully

Appellate Division of the Supreme Court of New York

Antonucci v. Scully

183 A.D.2d 822

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

DecidedMay 18, 1992

StatusPublished

This text of 183 A.D.2d 822 (Antonucci v. Scully) 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

Antonucci v. Scully, 183 A.D.2d 822 (N.Y. Ct. App. 1992).

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Opinion

— In a proceeding pursuant to CPLR article 78 to (1) review a determination of the respondent dated September 21, 1989, that the petitioner had violated three prison rules and imposed a penalty, and (2) expunge from his records charges relating to those violations, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Marlow, J.), dated March 7, 1990, which dismissed the proceeding.

Ordered that the appeal is dismissed as academic, without costs or disbursements.

In this proceeding pursuant to CPLR article 78, the petitioner sought a judgment, inter alia, expunging from his prison records charges arising from a report submitted on September 11, 1989, and a hearing conducted on September 15, 1989. Four days prior to the respondent filing his brief in this matter, the records were expunged by the Green Haven Correctional Facility, at which the petitioner is an inmate. Since the petitioner received the relief which he sought, the proceeding is dismissed as academic. Thompson, J. P., Lawrence, Miller, O’Brien and Ritter, JJ., concur.

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— In a proceeding pursuant to CPLR article 78 to (1) review a determination of the respondent dated September 21, 1989, that the petitioner had violated three prison rules and imposed a penalty, and (2) expunge from his records charges relating to those violations, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Marlow, J.), dated March 7, 1990, which dismissed the proceeding.

Ordered that the appeal is dismissed as academic, without costs or disbursements.

In this proceeding pursuant to CPLR article 78, the petitioner sought a judgment, inter alia, expunging from his prison records charges arising from a report submitted on September 11, 1989, and a hearing conducted on September 15, 1989. Four days prior to the respondent filing his brief in this matter, the records were expunged by the Green Haven Correctional Facility, at which the petitioner is an inmate. Since the petitioner received the relief which he sought, the proceeding is dismissed as academic. Thompson, J. P., Lawrence, Miller, O’Brien and Ritter, JJ., concur.

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Bluebook (online)

183 A.D.2d 822, Counsel Stack Legal Research, https://law.counselstack.com/opinion/antonucci-v-scully-nyappdiv-1992.