Diaz v. Coombe

Appellate Division of the Supreme Court of New York

Diaz v. Coombe

233 A.D.2d 638, 649 N.Y.S.2d 846, 1996 N.Y. App. Div. LEXIS 11747

Appellate Division of the Supreme Court of the State of New York·Decided November 14, 1996·Published

Opinion

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Washington County) to review a de[639] termination of respondent Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was an inmate at Great Meadow Correctional Facility in Washington County when he was found guilty of violating a prison disciplinary rule prohibiting extortion. Respondent Commissioner of Correctional Services subsequently affirmed the decision. Petitioner then commenced this CPLR article 78 proceeding. Some 10 months later, however, the Commissioner conducted a review of the administrative proceedings and issued a determination reversing the finding of guilt and expunging it from petitioner’s records. As petitioner is no longer aggrieved, the matter is dismissed as moot (see, Matter of Gonzalez v Jones, 115 AD2d 849, 850-851; see also, Matter of Rivera v Coughlin, 184 AD2d 933; Matter of Bonilla v Lacy, 174 AD2d 909).

Cardona, P. J., Mercure, Crew III, Casey and Carpinello, 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 Washington County) to review a de[639] termination of respondent Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was an inmate at Great Meadow Correctional Facility in Washington County when he was found guilty of violating a prison disciplinary rule prohibiting extortion. Respondent Commissioner of Correctional Services subsequently affirmed the decision. Petitioner then commenced this CPLR article 78 proceeding. Some 10 months later, however, the Commissioner conducted a review of the administrative proceedings and issued a determination reversing the finding of guilt and expunging it from petitioner’s records. As petitioner is no longer aggrieved, the matter is dismissed as moot (see, Matter of Gonzalez v Jones, 115 AD2d 849, 850-851; see also, Matter of Rivera v Coughlin, 184 AD2d 933; Matter of Bonilla v Lacy, 174 AD2d 909).

Cardona, P. J., Mercure, Crew III, Casey and Carpinello, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

Diaz v. Coombe, 233 A.D.2d 638, 649 N.Y.S.2d 846, 1996 N.Y. App. Div. LEXIS 11747 (N.Y. Ct. App. 1996).

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Opinion

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