Butler v. Friot

Appellate Division of the Supreme Court of New York

Butler v. Friot

17 A.D.3d 894, 792 N.Y.S.2d 880, 2005 N.Y. App. Div. LEXIS 4171

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

DecidedApril 21, 2005

StatusPublished

Cited by1 cases

This text of 17 A.D.3d 894 (Butler v. Friot) 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

Butler v. Friot, 17 A.D.3d 894, 792 N.Y.S.2d 880, 2005 N.Y. App. Div. LEXIS 4171 (N.Y. Ct. App. 2005).

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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 the Commissioner of Correctional Services 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 the prison disciplinary rules that prohibit solicitation, drug possession and smuggling. 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 Cruz v Goord, 13 AD3d 948 [2004]).

Cardona, P.J., Crew III, Mugglin, Rose and Lahtinen, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $305.

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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 the Commissioner of Correctional Services 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 the prison disciplinary rules that prohibit solicitation, drug possession and smuggling. 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 Cruz v Goord, 13 AD3d 948 [2004]).

Cardona, P.J., Crew III, Mugglin, Rose and Lahtinen, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $305.

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Bluebook (online)

17 A.D.3d 894, 792 N.Y.S.2d 880, 2005 N.Y. App. Div. LEXIS 4171, Counsel Stack Legal Research, https://law.counselstack.com/opinion/butler-v-friot-nyappdiv-2005.

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