Burgess v. McGinnis

Appellate Division of the Supreme Court of New York

Burgess v. McGinnis

297 A.D.2d 871, 746 N.Y.2d 922, 746 N.Y.S.2d 922, 2002 N.Y. App. Div. LEXIS 8438

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

DecidedSeptember 19, 2002

StatusPublished

Cited by2 cases

This text of 297 A.D.2d 871 (Burgess v. McGinnis) 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

Burgess v. McGinnis, 297 A.D.2d 871, 746 N.Y.2d 922, 746 N.Y.S.2d 922, 2002 N.Y. App. Div. LEXIS 8438 (N.Y. Ct. App. 2002).

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Opinion

Petitioner commenced this CPLR article 78 proceeding to challenge a prison disciplinary determination finding him guilty of violating facility correspondence regulations. The Attorney General has advised this Court that the determination [872]*872has been administratively reversed 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 Curtis v Goord, 274 AD2d 808; Matter of Maldonado v Miller, 259 AD2d 912).

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

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Petitioner commenced this CPLR article 78 proceeding to challenge a prison disciplinary determination finding him guilty of violating facility correspondence regulations. The Attorney General has advised this Court that the determination [872]*872has been administratively reversed 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 Curtis v Goord, 274 AD2d 808; Matter of Maldonado v Miller, 259 AD2d 912).

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

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Bluebook (online)

297 A.D.2d 871, 746 N.Y.2d 922, 746 N.Y.S.2d 922, 2002 N.Y. App. Div. LEXIS 8438, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burgess-v-mcginnis-nyappdiv-2002.

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