Evans v. Goord

Appellate Division of the Supreme Court of New York

Evans v. Goord

287 A.D.2d 841, 731 N.Y.S.2d 403, 2001 N.Y. App. Div. LEXIS 9739

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

DecidedOctober 18, 2001

StatusPublished

This text of 287 A.D.2d 841 (Evans 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

Evans v. Goord, 287 A.D.2d 841, 731 N.Y.S.2d 403, 2001 N.Y. App. Div. LEXIS 9739 (N.Y. Ct. App. 2001).

Pincite

Opinion

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

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating the prison disciplinary rules that prohibit inmates from possessing controlled substances and smuggling. The determination has since been annulled and all references thereto have been expunged from petitioner’s institutional records. 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 Witherspoon v Goord, 243 AD2d 931).

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

Free access — add to your briefcase to read the full text and ask questions with AI

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

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating the prison disciplinary rules that prohibit inmates from possessing controlled substances and smuggling. The determination has since been annulled and all references thereto have been expunged from petitioner’s institutional records. 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 Witherspoon v Goord, 243 AD2d 931).

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

Cite This Page — Counsel Stack

Bluebook (online)

287 A.D.2d 841, 731 N.Y.S.2d 403, 2001 N.Y. App. Div. LEXIS 9739, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evans-v-goord-nyappdiv-2001.

Opinion

Related

Cite This Page — Counsel Stack