Benton v. Goord

Appellate Division of the Supreme Court of New York

Benton v. Goord

268 A.D.2d 647, 701 N.Y.S.2d 676, 2000 N.Y. App. Div. LEXIS 89

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

DecidedJanuary 6, 2000

StatusPublished

This text of 268 A.D.2d 647 (Benton 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

Benton v. Goord, 268 A.D.2d 647, 701 N.Y.S.2d 676, 2000 N.Y. App. Div. LEXIS 89 (N.Y. Ct. App. 2000).

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Opinion

—Appeal from a judgment of the Supreme Court (Demarest, J.), entered May 4, 1999 in St. Lawrence County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent finding petitioner guilty of violating a prison disciplinary rule.

The Attorney General has advised this Court by letter that the determination at issue in this proceeding has been administratively reversed and that all references thereto will [648]*648be 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 Witherspoon v Goord, 243 AD2d 931).

Cardona, P. J., Mercure, Peters, Carpinello and Graífeo, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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—Appeal from a judgment of the Supreme Court (Demarest, J.), entered May 4, 1999 in St. Lawrence County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent finding petitioner guilty of violating a prison disciplinary rule.

The Attorney General has advised this Court by letter that the determination at issue in this proceeding has been administratively reversed and that all references thereto will [648]*648be 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 Witherspoon v Goord, 243 AD2d 931).

Cardona, P. J., Mercure, Peters, Carpinello and Graífeo, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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Bluebook (online)

268 A.D.2d 647, 701 N.Y.S.2d 676, 2000 N.Y. App. Div. LEXIS 89, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benton-v-goord-nyappdiv-2000.

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