Johnson v. New York State Department of Correctional Services

Appellate Division of the Supreme Court of New York

Johnson v. New York State Department of Correctional Services

70 A.D.3d 1081, 892 N.Y.S.2d 809

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

DecidedFebruary 4, 2010

StatusPublished

Cited by2 cases

This text of 70 A.D.3d 1081 (Johnson 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.

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Johnson v. New York State Department of Correctional Services, 70 A.D.3d 1081, 892 N.Y.S.2d 809 (N.Y. Ct. App. 2010).

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Opinion

—Appeal from a judgment of the Supreme Court (Cahill, J.), entered February 17, 2009 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent withholding good time allowance.

Petitioner challenges a determination withholding one year and 20 days of good time allowance based upon his failure to complete a mandated sex offender program. Inasmuch as the record establishes that petitioner was released from prison on November 20, 2009, following the expiration of his maximum term of imprisonment, this appeal is dismissed as moot (see Matter of Whaley v Goord, 47 AD3d 1132, 1133 [2008]; Matter of Roach v Goord, 19 AD3d 839 [2005]).

Spain, J.P., Rose, Malone Jr., Kavanagh and Garry, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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—Appeal from a judgment of the Supreme Court (Cahill, J.), entered February 17, 2009 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent withholding good time allowance.

Petitioner challenges a determination withholding one year and 20 days of good time allowance based upon his failure to complete a mandated sex offender program. Inasmuch as the record establishes that petitioner was released from prison on November 20, 2009, following the expiration of his maximum term of imprisonment, this appeal is dismissed as moot (see Matter of Whaley v Goord, 47 AD3d 1132, 1133 [2008]; Matter of Roach v Goord, 19 AD3d 839 [2005]).

Spain, J.P., Rose, Malone Jr., Kavanagh and Garry, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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Bluebook (online)

70 A.D.3d 1081, 892 N.Y.S.2d 809, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-new-york-state-department-of-correctional-services-nyappdiv-2010.

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