Lunney v. Duncan

Appellate Division of the Supreme Court of New York

Lunney v. Duncan

289 A.D.2d 831, 734 N.Y.S.2d 505, 2001 N.Y. App. Div. LEXIS 12330

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

DecidedDecember 20, 2001

StatusPublished

This text of 289 A.D.2d 831 (Lunney v. Duncan) 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

Lunney v. Duncan, 289 A.D.2d 831, 734 N.Y.S.2d 505, 2001 N.Y. App. Div. LEXIS 12330 (N.Y. Ct. App. 2001).

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Opinion

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Washington County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding to challenge a determination finding him guilty of violating the prison disciplinary rules that prohibit creating a disturbance and refusing to obey a direct order. The determination has since been annulled and all references thereto have been expunged from petitioner’s institutional records. As petitioner has received all of 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; Matter of Maldonado v Miller, 259 AD2d 912).

Cardona, P. J., Mercure, Peters, Mugglin and Rose, 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 Washington County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding to challenge a determination finding him guilty of violating the prison disciplinary rules that prohibit creating a disturbance and refusing to obey a direct order. The determination has since been annulled and all references thereto have been expunged from petitioner’s institutional records. As petitioner has received all of 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; Matter of Maldonado v Miller, 259 AD2d 912).

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

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Bluebook (online)

289 A.D.2d 831, 734 N.Y.S.2d 505, 2001 N.Y. App. Div. LEXIS 12330, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lunney-v-duncan-nyappdiv-2001.

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