Holmes v. Goord

Appellate Division of the Supreme Court of New York

Holmes v. Goord

301 A.D.2d 703, 752 N.Y.S.2d 909, 2003 N.Y. App. Div. LEXIS 45

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

DecidedJanuary 2, 2003

StatusPublished

This text of 301 A.D.2d 703 (Holmes v. Goord) 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

Holmes v. Goord, 301 A.D.2d 703, 752 N.Y.S.2d 909, 2003 N.Y. App. Div. LEXIS 45 (N.Y. Ct. App. 2003).

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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 respondent 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 which prohibits fighting. The Attorney General has advised this Court by letter that the determination at issue has been administratively reversed and that all references to the disciplinary hearing 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 Curtis v Goord, 274 AD2d 808).

Cardona, P.J., Mercure, Peters, Mugglin 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 Albany County) to review a determination of respondent 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 which prohibits fighting. The Attorney General has advised this Court by letter that the determination at issue has been administratively reversed and that all references to the disciplinary hearing 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 Curtis v Goord, 274 AD2d 808).

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

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Bluebook (online)

301 A.D.2d 703, 752 N.Y.S.2d 909, 2003 N.Y. App. Div. LEXIS 45, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holmes-v-goord-nyappdiv-2003.

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