Johnson v. Goord

Appellate Division of the Supreme Court of New York

Johnson v. Goord

308 A.D.2d 621, 764 N.Y.S.2d 224, 2003 N.Y. App. Div. LEXIS 9313

Appellate Division of the Supreme Court of the State of New York·Decided September 11, 2003·Published·Cited by 4 cases

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 which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this proceeding challenging a determination finding him guilty of violating the prison disciplinary rules that prohibit violent conduct, assaulting an inmate, fighting and possession of a weapon. 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. [622] 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 Maldonado v Goord, 296 AD2d 807 [2002]).

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 Albany County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this proceeding challenging a determination finding him guilty of violating the prison disciplinary rules that prohibit violent conduct, assaulting an inmate, fighting and possession of a weapon. 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. [622] 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 Maldonado v Goord, 296 AD2d 807 [2002]).

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

Johnson v. Goord, 308 A.D.2d 621, 764 N.Y.S.2d 224, 2003 N.Y. App. Div. LEXIS 9313 (N.Y. Ct. App. 2003).

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Opinion

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