De Jesus v. Goord

Appellate Division of the Supreme Court of New York

De Jesus v. Goord

282 A.D.2d 853, 722 N.Y.S.2d 924, 2001 N.Y. App. Div. LEXIS 3696

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

DecidedApril 12, 2001

StatusPublished

Cited by1 cases

This text of 282 A.D.2d 853 (De Jesus 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

De Jesus v. Goord, 282 A.D.2d 853, 722 N.Y.S.2d 924, 2001 N.Y. App. Div. LEXIS 3696 (N.Y. Ct. App. 2001).

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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 respondent Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding to challenge a determination finding him guilty of violating the prison disciplinary rule prohibiting inmates from engaging in violent conduct. The Attorney General has advised this Court by letter that the determination at issue has been administratively reversed and all references to the disciplinary hearing 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 Curtis v Goord, 274 AD2d 808).

[854]*854Cardona, P. J., Peters, Spain, Rose and Lahtinen, 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 Albany County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding to challenge a determination finding him guilty of violating the prison disciplinary rule prohibiting inmates from engaging in violent conduct. The Attorney General has advised this Court by letter that the determination at issue has been administratively reversed and all references to the disciplinary hearing 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 Curtis v Goord, 274 AD2d 808).

[854]*854Cardona, P. J., Peters, Spain, Rose and Lahtinen, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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Bluebook (online)

282 A.D.2d 853, 722 N.Y.S.2d 924, 2001 N.Y. App. Div. LEXIS 3696, Counsel Stack Legal Research, https://law.counselstack.com/opinion/de-jesus-v-goord-nyappdiv-2001.

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