Darvie v. Goord

Appellate Division of the Supreme Court of New York

Darvie v. Goord

37 A.D.3d 927, 827 N.Y.S.2d 893

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

DecidedFebruary 8, 2007

StatusPublished

Cited by1 cases

This text of 37 A.D.3d 927 (Darvie 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

Darvie v. Goord, 37 A.D.3d 927, 827 N.Y.S.2d 893 (N.Y. Ct. App. 2007).

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Opinion

Proceeding pursuant to CPLR article 78 [928]*928(transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Superintendent of Eastern Correctional Facility which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner was charged in a misbehavior report with refusing a direct order and violating facility movement regulations after he failed to comply with a correction officer’s directive with respect to showering. He was found guilty of the charges at the conclusion of a tier II disciplinary hearing and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

The Attorney General has advised this Court that the determination at issue has been administratively reversed and all references thereto expunged from petitioner’s institutional record. Inasmuch as petitioner has received all the relief to which he is entitled, the matter must be dismissed as moot (see Matter of Carroll v Goord, 24 AD3d 845 [2005]).

Crew III, J.P, Carpinello, Mugglin, Lahtinen and Kane, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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Proceeding pursuant to CPLR article 78 [928]*928(transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Superintendent of Eastern Correctional Facility which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner was charged in a misbehavior report with refusing a direct order and violating facility movement regulations after he failed to comply with a correction officer’s directive with respect to showering. He was found guilty of the charges at the conclusion of a tier II disciplinary hearing and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

The Attorney General has advised this Court that the determination at issue has been administratively reversed and all references thereto expunged from petitioner’s institutional record. Inasmuch as petitioner has received all the relief to which he is entitled, the matter must be dismissed as moot (see Matter of Carroll v Goord, 24 AD3d 845 [2005]).

Crew III, J.P, Carpinello, Mugglin, Lahtinen and Kane, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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Bluebook (online)

37 A.D.3d 927, 827 N.Y.S.2d 893, Counsel Stack Legal Research, https://law.counselstack.com/opinion/darvie-v-goord-nyappdiv-2007.

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