Lewis v. Goord

Appellate Division of the Supreme Court of New York

Lewis v. Goord

37 A.D.3d 917, 827 N.Y.S.2d 893

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

DecidedFebruary 8, 2007

StatusPublished

Cited by5 cases

This text of 37 A.D.3d 917 (Lewis 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

Lewis v. Goord, 37 A.D.3d 917, 827 N.Y.S.2d 893 (N.Y. Ct. App. 2007).

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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 which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner was found guilty of violating certain prison disciplinary rules after a tier III hearing and the determination was affirmed on administrative appeal with a modified penalty. He then commenced this CPLR article 78 proceeding challenging it. Since that time, the Attorney General has advised this Court that the determination 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, the matter is dismissed as moot (see Matter of Kalwasinski v Goord, 29 AD3d 1104, 1105 [2006]).

Mercure, J.E, Peters, Carpinello, 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 which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner was found guilty of violating certain prison disciplinary rules after a tier III hearing and the determination was affirmed on administrative appeal with a modified penalty. He then commenced this CPLR article 78 proceeding challenging it. Since that time, the Attorney General has advised this Court that the determination 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, the matter is dismissed as moot (see Matter of Kalwasinski v Goord, 29 AD3d 1104, 1105 [2006]).

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

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Bluebook (online)

37 A.D.3d 917, 827 N.Y.S.2d 893, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-v-goord-nyappdiv-2007.

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