Bagley v. Harris

Appellate Division of the Supreme Court of New York

Bagley v. Harris

160 A.D.2d 1121, 554 N.Y.S.2d 1021, 1990 N.Y. App. Div. LEXIS 4554

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

DecidedApril 19, 1990

StatusPublished

This text of 160 A.D.2d 1121 (Bagley v. Harris) 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

Bagley v. Harris, 160 A.D.2d 1121, 554 N.Y.S.2d 1021, 1990 N.Y. App. Div. LEXIS 4554 (N.Y. Ct. App. 1990).

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Opinion

Weiss, J.

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

Respondent’s determination found that petitioner had violated prison rules related to unauthorized use of State property and possession of a controlled substance. Respondent has reversed his prior determination, dismissed all charges against petitioner and expunged references to the charges from the records. Accordingly, all issues relating to the disciplinary proceeding have been rendered moot (see, Matter of Gonzalez v Jones, 115 AD2d 849, 850-851).

Petition dismissed, as moot, without costs. Kane, J. P., Casey, Weiss, Mercure and Harvey, JJ., concur.

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Weiss, J.

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

Respondent’s determination found that petitioner had violated prison rules related to unauthorized use of State property and possession of a controlled substance. Respondent has reversed his prior determination, dismissed all charges against petitioner and expunged references to the charges from the records. Accordingly, all issues relating to the disciplinary proceeding have been rendered moot (see, Matter of Gonzalez v Jones, 115 AD2d 849, 850-851).

Petition dismissed, as moot, without costs. Kane, J. P., Casey, Weiss, Mercure and Harvey, JJ., concur.

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Bluebook (online)

160 A.D.2d 1121, 554 N.Y.S.2d 1021, 1990 N.Y. App. Div. LEXIS 4554, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bagley-v-harris-nyappdiv-1990.

Opinion

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