Canteen v. Goord

Appellate Division of the Supreme Court of New York

Canteen v. Goord

240 A.D.2d 829, 658 N.Y.S.2d 540, 1997 N.Y. App. Div. LEXIS 6539

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

DecidedJune 12, 1997

StatusPublished

Cited by2 cases

This text of 240 A.D.2d 829 (Canteen 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

Canteen v. Goord, 240 A.D.2d 829, 658 N.Y.S.2d 540, 1997 N.Y. App. Div. LEXIS 6539 (N.Y. Ct. App. 1997).

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Opinion

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Franklin County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Although the determination finding petitioner guilty of violating the prison disciplinary rule which prohibits demonstrations has been administratively reversed, rendering such issue moot (see, Matter of Sharief v Leonardo, 186 AD2d 932), there is no indication that the determination was expunged from petitioner’s record. Inasmuch as petitioner may be aggrieved by an inaccurate disciplinary record (see, Matter of Nelson v Coughlin, 148 AD2d 779, 780), any reference to the determination should be expunged from petitioner’s disciplinary record.

Mikoll, J. P., Mercure, Yesawich Jr., Peters and Carpinello, JJ., concur. Adjudged that the determination is modified, without costs, by directing that respondents expunge all references to this proceeding from petitioner’s files, and, as so modified, confirmed.

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—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Franklin County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Although the determination finding petitioner guilty of violating the prison disciplinary rule which prohibits demonstrations has been administratively reversed, rendering such issue moot (see, Matter of Sharief v Leonardo, 186 AD2d 932), there is no indication that the determination was expunged from petitioner’s record. Inasmuch as petitioner may be aggrieved by an inaccurate disciplinary record (see, Matter of Nelson v Coughlin, 148 AD2d 779, 780), any reference to the determination should be expunged from petitioner’s disciplinary record.

Mikoll, J. P., Mercure, Yesawich Jr., Peters and Carpinello, JJ., concur. Adjudged that the determination is modified, without costs, by directing that respondents expunge all references to this proceeding from petitioner’s files, and, as so modified, confirmed.

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Bluebook (online)

240 A.D.2d 829, 658 N.Y.S.2d 540, 1997 N.Y. App. Div. LEXIS 6539, Counsel Stack Legal Research, https://law.counselstack.com/opinion/canteen-v-goord-nyappdiv-1997.

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