Matter of Cody v. Annucci

Appellate Division of the Supreme Court of New York

Matter of Cody v. Annucci

144 A.D.3d 1301, 40 N.Y.S.3d 301

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

DecidedNovember 10, 2016

Docket522719

StatusPublished

This text of 144 A.D.3d 1301 (Matter of Cody v. Annucci) 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

Matter of Cody v. Annucci, 144 A.D.3d 1301, 40 N.Y.S.3d 301 (N.Y. Ct. App. 2016).

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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 placing petitioner in involuntary protective custody.

Petitioner commenced this CPLR article 78 proceeding challenging a determination placing him in involuntary protective custody. The Attorney General has advised this Court that the determination has been administratively reversed and all references thereto have been expunged from petitioner’s institutional record. Given that petitioner has received all the relief to which he is entitled, the petition is dismissed as moot (see e.g. Matter of Chao v Hollingshead, 141 AD3d 1072, 1072 [2016]; Matter of Houston v Annucci, 141 AD3d 996, 996 [2016]).

Lynch, J.P., Devine, Clark, Mulvey and Aarons, JJ., concur.

Adjudged that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $50.

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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 placing petitioner in involuntary protective custody.

Petitioner commenced this CPLR article 78 proceeding challenging a determination placing him in involuntary protective custody. The Attorney General has advised this Court that the determination has been administratively reversed and all references thereto have been expunged from petitioner’s institutional record. Given that petitioner has received all the relief to which he is entitled, the petition is dismissed as moot (see e.g. Matter of Chao v Hollingshead, 141 AD3d 1072, 1072 [2016]; Matter of Houston v Annucci, 141 AD3d 996, 996 [2016]).

Lynch, J.P., Devine, Clark, Mulvey and Aarons, JJ., concur.

Adjudged that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $50.

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Bluebook (online)

144 A.D.3d 1301, 40 N.Y.S.3d 301, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-cody-v-annucci-nyappdiv-2016.

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