Heyward v. Heady

Appellate Division of the Supreme Court of New York

Heyward v. Heady

18 A.D.3d 1047, 795 N.Y.S.2d 775, 2005 N.Y. App. Div. LEXIS 5400

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

DecidedMay 19, 2005

StatusPublished

This text of 18 A.D.3d 1047 (Heyward v. Heady) 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

Heyward v. Heady, 18 A.D.3d 1047, 795 N.Y.S.2d 775, 2005 N.Y. App. Div. LEXIS 5400 (N.Y. Ct. App. 2005).

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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 the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating the prison disciplinary rule that prohibits damaging state property. The Attorney General has advised this Court by letter that the determination at issue has been administratively reversed and that all references thereto have been expunged from petitioner’s institutional record. 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 Beroo v Donelli, 4 AD3d 595 [2004]).

Crew III, J.P., Carpinello, Mugglin, Lahtinen 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 the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating the prison disciplinary rule that prohibits damaging state property. The Attorney General has advised this Court by letter that the determination at issue has been administratively reversed and that all references thereto have been expunged from petitioner’s institutional record. 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 Beroo v Donelli, 4 AD3d 595 [2004]).

Crew III, J.P., Carpinello, Mugglin, Lahtinen and Kane, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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Bluebook (online)

18 A.D.3d 1047, 795 N.Y.S.2d 775, 2005 N.Y. App. Div. LEXIS 5400, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heyward-v-heady-nyappdiv-2005.

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