Bellini v. Goord

Appellate Division of the Supreme Court of New York

Bellini v. Goord

309 A.D.2d 1139, 766 N.Y.S.2d 919, 2003 N.Y. App. Div. LEXIS 11218

Appellate Division of the Supreme Court of the State of New York·Decided October 30, 2003·Published·Cited by 1 cases

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 respondent which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner challenges a determination finding him guilty of violating the prison disciplinary rule that prohibits the unauthorized use of a controlled substance after his urine twice tested positive for opiates and cannabinoids. 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, the matter is dismissed as moot (see Matter of Irons v Goord, 283 AD2d 748 [2001]).

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

Free access — add to your briefcase to read the full text and ask questions with AI

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 respondent which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner challenges a determination finding him guilty of violating the prison disciplinary rule that prohibits the unauthorized use of a controlled substance after his urine twice tested positive for opiates and cannabinoids. 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, the matter is dismissed as moot (see Matter of Irons v Goord, 283 AD2d 748 [2001]).

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

Bellini v. Goord, 309 A.D.2d 1139, 766 N.Y.S.2d 919, 2003 N.Y. App. Div. LEXIS 11218 (N.Y. Ct. App. 2003).

Pincite

309 A.D.2d 1139 (Bellini v. Goord) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related