Basden v. Goord

Appellate Division of the Supreme Court of New York

Basden v. Goord

19 A.D.3d 838, 797 N.Y.S.2d 172, 2005 N.Y. App. Div. LEXIS 6758

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

DecidedJune 16, 2005

StatusPublished

Cited by2 cases

This text of 19 A.D.3d 838 (Basden v. Goord) 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

Basden v. Goord, 19 A.D.3d 838, 797 N.Y.S.2d 172, 2005 N.Y. App. Div. LEXIS 6758 (N.Y. Ct. App. 2005).

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Opinion

Proceeding pursuant to CPLR article 78 [839]*839(transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating prison disciplinary rules that prohibit fighting and assaulting an inmate. The Attorney General has advised this Court by letter that the determination at issue has been administratively reversed and that all references thereto have been expunged from petitioner’s institutional record. 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 Johnson v Goord, 308 AD2d 621, 622 [2003]).

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

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Proceeding pursuant to CPLR article 78 [839]*839(transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating prison disciplinary rules that prohibit fighting and assaulting an inmate. The Attorney General has advised this Court by letter that the determination at issue has been administratively reversed and that all references thereto have been expunged from petitioner’s institutional record. 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 Johnson v Goord, 308 AD2d 621, 622 [2003]).

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

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Bluebook (online)

19 A.D.3d 838, 797 N.Y.S.2d 172, 2005 N.Y. App. Div. LEXIS 6758, Counsel Stack Legal Research, https://law.counselstack.com/opinion/basden-v-goord-nyappdiv-2005.

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