Covington v. Smith

Appellate Division of the Supreme Court of New York

Covington v. Smith

61 A.D.3d 1187, 875 N.Y.S.2d 925

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

DecidedApril 16, 2009

StatusPublished

Cited by2 cases

This text of 61 A.D.3d 1187 (Covington v. Smith) 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

Covington v. Smith, 61 A.D.3d 1187, 875 N.Y.S.2d 925 (N.Y. Ct. App. 2009).

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Opinion

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

Petitioner, a prison inmate, commenced this proceeding challenging a tier II disciplinary determination finding him guilty of disobeying a direct order. The Attorney General advises this Court that the administrative determination at issue has been reversed, all references thereto have been expunged from petitioner’s institutional record and the mandatory surcharge imposed has been refunded. Accordingly, petitioner has received all the relief to which he is entitled and this matter is dismissed as moot (see Matter of Rock v Fischer, 57 AD3d 1144 [2008]; Matter of Arriaga v Smith, 55 AD3d 1115 [2008]).

Cardona, P.J., Peters, Lahtinen, Malone Jr. and Stein, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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

Petitioner, a prison inmate, commenced this proceeding challenging a tier II disciplinary determination finding him guilty of disobeying a direct order. The Attorney General advises this Court that the administrative determination at issue has been reversed, all references thereto have been expunged from petitioner’s institutional record and the mandatory surcharge imposed has been refunded. Accordingly, petitioner has received all the relief to which he is entitled and this matter is dismissed as moot (see Matter of Rock v Fischer, 57 AD3d 1144 [2008]; Matter of Arriaga v Smith, 55 AD3d 1115 [2008]).

Cardona, P.J., Peters, Lahtinen, Malone Jr. and Stein, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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Bluebook (online)

61 A.D.3d 1187, 875 N.Y.S.2d 925, Counsel Stack Legal Research, https://law.counselstack.com/opinion/covington-v-smith-nyappdiv-2009.

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