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

Appellate Division of the Supreme Court of the State of New York·Decided April 21, 2005·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 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.

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 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.

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).

Pincite

17 A.D.3d 894 (Butler v. Friot) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related