Grigger v. New York State Department of Correctional Services

Appellate Division of the Supreme Court of New York

Grigger v. New York State Department of Correctional Services

58 A.D.3d 1046, 870 N.Y.S.2d 809

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

DecidedJanuary 22, 2009

StatusPublished

This text of 58 A.D.3d 1046 (Grigger v. New York State 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.

Bluebook

Grigger v. New York State Department of Correctional Services, 58 A.D.3d 1046, 870 N.Y.S.2d 809 (N.Y. Ct. App. 2009).

Pincite

Opinion

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Su[1047]*1047perintendent of Mt. McGregor Correctional Facility which found petitioner guilty of violating a prison disciplinary rule.

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a tier II disciplinary determination finding him guilty of delaying count. The Attorney General has advised this Court that the determination in issue has been administratively reversed, all references thereto have been expunged from petitioner’s institutional record and the mandatory surcharge imposed has been refunded to petitioner. Accordingly, petitioner has been afforded all of the relief to which he is entitled and this matter must be dismissed as moot (see Matter of Carroll v Fischer, 55 AD3d 1123 [2008]).

Cardona, PJ., Peters, Lahtinen, Kane and Kavanagh, 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 Albany County) to review a determination of the Su[1047]*1047perintendent of Mt. McGregor Correctional Facility which found petitioner guilty of violating a prison disciplinary rule.

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a tier II disciplinary determination finding him guilty of delaying count. The Attorney General has advised this Court that the determination in issue has been administratively reversed, all references thereto have been expunged from petitioner’s institutional record and the mandatory surcharge imposed has been refunded to petitioner. Accordingly, petitioner has been afforded all of the relief to which he is entitled and this matter must be dismissed as moot (see Matter of Carroll v Fischer, 55 AD3d 1123 [2008]).

Cardona, PJ., Peters, Lahtinen, Kane and Kavanagh, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

Cite This Page — Counsel Stack

Bluebook (online)

58 A.D.3d 1046, 870 N.Y.S.2d 809, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grigger-v-new-york-state-department-of-correctional-services-nyappdiv-2009.

Opinion

Related

Cite This Page — Counsel Stack