Garcia v. Department of Correctional Services

Appellate Division of the Supreme Court of New York

Garcia v. Department of Correctional Services

298 A.D.2d 744, 748 N.Y.S.2d 523, 2002 N.Y. App. Div. LEXIS 10133

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

DecidedOctober 24, 2002

StatusPublished

Cited by1 cases

This text of 298 A.D.2d 744 (Garcia v. Department of Correctional Services) 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.

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Garcia v. Department of Correctional Services, 298 A.D.2d 744, 748 N.Y.S.2d 523, 2002 N.Y. App. Div. LEXIS 10133 (N.Y. Ct. App. 2002).

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Opinion

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

Petitioner was found guilty of violating the prison disciplinary rule that prohibits inmates from possessing authorized articles in unauthorized areas. The Attorney General has advised this Court by letter that the determination at issue has been administratively reversed and all references thereto have been expunged from petitioner’s institutional record. Inasmuch as petitioner has received all the relief to which he is entitled, the matter is moot and the petition is dismissed (see Matter of Reynoso v Goord, 294 AD2d 726).

Mercure, J.P., Peters, Mugglin, Rose and Kane, 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 Ulster County) to review a determination of respondent Superintendent of Shawangunk Correctional Facility which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was found guilty of violating the prison disciplinary rule that prohibits inmates from possessing authorized articles in unauthorized areas. The Attorney General has advised this Court by letter that the determination at issue has been administratively reversed and all references thereto have been expunged from petitioner’s institutional record. Inasmuch as petitioner has received all the relief to which he is entitled, the matter is moot and the petition is dismissed (see Matter of Reynoso v Goord, 294 AD2d 726).

Mercure, J.P., Peters, Mugglin, Rose and Kane, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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Bluebook (online)

298 A.D.2d 744, 748 N.Y.S.2d 523, 2002 N.Y. App. Div. LEXIS 10133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garcia-v-department-of-correctional-services-nyappdiv-2002.

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