Barclay v. New York State Department of Correctional Services

Appellate Division of the Supreme Court of New York

Barclay v. New York State Department of Correctional Services

307 A.D.2d 494, 761 N.Y.S.2d 883, 2003 N.Y. App. Div. LEXIS 8044

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

DecidedJuly 10, 2003

StatusPublished

This text of 307 A.D.2d 494 (Barclay v. New York State Department of Correctional Services) 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.

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Barclay v. New York State Department of Correctional Services, 307 A.D.2d 494, 761 N.Y.S.2d 883, 2003 N.Y. App. Div. LEXIS 8044 (N.Y. Ct. App. 2003).

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Opinion

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

Petitioner commenced this CPLR article 78 proceeding to challenge a prison disciplinary determination finding him guilty of violating the prison disciplinary rules prohibiting inmates from refusing to obey a direct order and violating movement regulations. The determination was administratively reversed on May 23, 2003 and all references thereto have been expunged from petitioner’s institutional records. 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 [2000]; Matter of Maldonado v Miller, 259 AD2d 912 [1999]).

Spain, J.P., Mugglin, Rose, Lahtinen and Kane, 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 Albany County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding to challenge a prison disciplinary determination finding him guilty of violating the prison disciplinary rules prohibiting inmates from refusing to obey a direct order and violating movement regulations. The determination was administratively reversed on May 23, 2003 and all references thereto have been expunged from petitioner’s institutional records. 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 [2000]; Matter of Maldonado v Miller, 259 AD2d 912 [1999]).

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

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Bluebook (online)

307 A.D.2d 494, 761 N.Y.S.2d 883, 2003 N.Y. App. Div. LEXIS 8044, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barclay-v-new-york-state-department-of-correctional-services-nyappdiv-2003.

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