Finney v. Leonardo

Appellate Division of the Supreme Court of New York

Finney v. Leonardo

193 A.D.2d 987, 598 N.Y.S.2d 1011, 1992 N.Y. App. Div. LEXIS 15086

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

DecidedMay 20, 1993

StatusPublished

Cited by1 cases

This text of 193 A.D.2d 987 (Finney v. Leonardo) 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

Finney v. Leonardo, 193 A.D.2d 987, 598 N.Y.S.2d 1011, 1992 N.Y. App. Div. LEXIS 15086 (N.Y. Ct. App. 1993).

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Opinion

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

The Attorney-General has advised this Court that the determination under review has been administratively reversed and will be expunged from petitioner’s records; he therefore requests that this proceeding be dismissed as moot. Because petitioner has received all the relief to which he is entitled (see, Matter of Taylor v Kennedy, 159 AD2d 827; Matter of [988]*988Sabo v Racette, 124 AD2d 920; Matter of Johnson v Smith, 112 AD2d 50, affd 66 NY2d 697), we find the matter to be moot (see, Matter of Martin v Henderson, 159 AD2d 867; Matter of Wong v Coughlin, 150 AD2d 832).

Weiss, P. J., Levine, Crew III, Casey and Harvey, 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 determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

The Attorney-General has advised this Court that the determination under review has been administratively reversed and will be expunged from petitioner’s records; he therefore requests that this proceeding be dismissed as moot. Because petitioner has received all the relief to which he is entitled (see, Matter of Taylor v Kennedy, 159 AD2d 827; Matter of [988]*988Sabo v Racette, 124 AD2d 920; Matter of Johnson v Smith, 112 AD2d 50, affd 66 NY2d 697), we find the matter to be moot (see, Matter of Martin v Henderson, 159 AD2d 867; Matter of Wong v Coughlin, 150 AD2d 832).

Weiss, P. J., Levine, Crew III, Casey and Harvey, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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Bluebook (online)

193 A.D.2d 987, 598 N.Y.S.2d 1011, 1992 N.Y. App. Div. LEXIS 15086, Counsel Stack Legal Research, https://law.counselstack.com/opinion/finney-v-leonardo-nyappdiv-1993.

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