Cliff v. Reams

Appellate Division of the Supreme Court of New York

Cliff v. Reams

271 A.D.2d 766, 706 N.Y.S.2d 646, 2000 N.Y. App. Div. LEXIS 4230

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

DecidedApril 13, 2000

StatusPublished

Cited by1 cases

This text of 271 A.D.2d 766 (Cliff v. Reams) 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

Cliff v. Reams, 271 A.D.2d 766, 706 N.Y.S.2d 646, 2000 N.Y. App. Div. LEXIS 4230 (N.Y. Ct. App. 2000).

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Opinion

—Appeal from a judgment of the Supreme Court (Berke, J.), entered December 14, 1998 in Washington County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition for, inter alia, failure to exhaust administrative remedies.

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging respondent’s alleged failure to process two inmate grievance complaints he reportedly filed on March 27, 1998. Supreme Court dismissed the petition and petitioner filed a notice of appeal. The Attorney General has since advised this Court that the Superintendent of the facility where petitioner is incarcerated has directed that the two grievances which are the subject of this proceeding be properly processed in accordance with the applicable regulations. Inasmuch as petitioner has received all the relief to which he is entitled, the matter is dismissed as moot (see, Matter of Witherspoon v Goord, 243 AD2d 931).

[767]*767Mercure, J. P., Crew III, Spain, Carpinello and Mugglin, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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—Appeal from a judgment of the Supreme Court (Berke, J.), entered December 14, 1998 in Washington County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition for, inter alia, failure to exhaust administrative remedies.

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging respondent’s alleged failure to process two inmate grievance complaints he reportedly filed on March 27, 1998. Supreme Court dismissed the petition and petitioner filed a notice of appeal. The Attorney General has since advised this Court that the Superintendent of the facility where petitioner is incarcerated has directed that the two grievances which are the subject of this proceeding be properly processed in accordance with the applicable regulations. Inasmuch as petitioner has received all the relief to which he is entitled, the matter is dismissed as moot (see, Matter of Witherspoon v Goord, 243 AD2d 931).

[767]*767Mercure, J. P., Crew III, Spain, Carpinello and Mugglin, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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Bluebook (online)

271 A.D.2d 766, 706 N.Y.S.2d 646, 2000 N.Y. App. Div. LEXIS 4230, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cliff-v-reams-nyappdiv-2000.

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