Britt v. Goord

Appellate Division of the Supreme Court of New York

Britt v. Goord

290 A.D.2d 627, 735 N.Y.S.2d 822, 2002 N.Y. App. Div. LEXIS 38

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

DecidedJanuary 3, 2002

StatusPublished

Cited by1 cases

This text of 290 A.D.2d 627 (Britt 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

Britt v. Goord, 290 A.D.2d 627, 735 N.Y.S.2d 822, 2002 N.Y. App. Div. LEXIS 38 (N.Y. Ct. App. 2002).

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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 respondent which found petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding to challenge a determination finding him guilty of violating the prison disciplinary rule that prohibits damaging State property. The Attorney General has advised this Court by letter that the determination has since been annulled and that all references thereto have been expunged from petitioner’s institutional records. 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 Martinez v Goord, 288 AD2d 794; Matter of Curtis v Goord, 274 AD2d 808).

Crew III, J.P., Peters, Spain, Carpinello and Lahtinen, 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 respondent which found petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding to challenge a determination finding him guilty of violating the prison disciplinary rule that prohibits damaging State property. The Attorney General has advised this Court by letter that the determination has since been annulled and that all references thereto have been expunged from petitioner’s institutional records. 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 Martinez v Goord, 288 AD2d 794; Matter of Curtis v Goord, 274 AD2d 808).

Crew III, J.P., Peters, Spain, Carpinello and Lahtinen, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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Bluebook (online)

290 A.D.2d 627, 735 N.Y.S.2d 822, 2002 N.Y. App. Div. LEXIS 38, Counsel Stack Legal Research, https://law.counselstack.com/opinion/britt-v-goord-nyappdiv-2002.

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