Gaines v. Bartlett

Appellate Division of the Supreme Court of New York

Gaines v. Bartlett

221 A.D.2d 775, 634 N.Y.S.2d 413, 1995 N.Y. App. Div. LEXIS 11798

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

DecidedNovember 16, 1995

StatusPublished

Cited by2 cases

This text of 221 A.D.2d 775 (Gaines v. Bartlett) 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

Gaines v. Bartlett, 221 A.D.2d 775, 634 N.Y.S.2d 413, 1995 N.Y. App. Div. LEXIS 11798 (N.Y. Ct. App. 1995).

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Opinion

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

Petitioner, a prison inmate, challenges an administrative determination finding him guilty of violating a prison disciplinary rule prohibiting inmates from interfering with prison employees. Subsequent to his commencement of this CPLR article 78 proceeding, this determination was administratively reversed and all references expunged from petitioner’s records. In view of this, we find that the matter is now moot and need not address the merits of petitioner’s claims.

Mikoll, J. P., Crew III, White, Yesawich Jr. and Spain, 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 Chemung County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

Petitioner, a prison inmate, challenges an administrative determination finding him guilty of violating a prison disciplinary rule prohibiting inmates from interfering with prison employees. Subsequent to his commencement of this CPLR article 78 proceeding, this determination was administratively reversed and all references expunged from petitioner’s records. In view of this, we find that the matter is now moot and need not address the merits of petitioner’s claims.

Mikoll, J. P., Crew III, White, Yesawich Jr. and Spain, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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Bluebook (online)

221 A.D.2d 775, 634 N.Y.S.2d 413, 1995 N.Y. App. Div. LEXIS 11798, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gaines-v-bartlett-nyappdiv-1995.

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