McGee v. Goord

Appellate Division of the Supreme Court of New York

McGee v. Goord

3 A.D.3d 634, 769 N.Y.S.2d 911, 2004 N.Y. App. Div. LEXIS 94

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

DecidedJanuary 8, 2004

StatusPublished

Cited by4 cases

This text of 3 A.D.3d 634 (McGee 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

McGee v. Goord, 3 A.D.3d 634, 769 N.Y.S.2d 911, 2004 N.Y. App. Div. LEXIS 94 (N.Y. Ct. App. 2004).

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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 a prison disciplinary rule.

Petitioner challenges a determination finding him guilty of violating the prison disciplinary rule that prohibits the unauthorized use of a controlled substance. 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: 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 Potter v Goord, 305 AD2d 899, 899 [2003]).

Mercure, J.P., 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 a prison disciplinary rule.

Petitioner challenges a determination finding him guilty of violating the prison disciplinary rule that prohibits the unauthorized use of a controlled substance. 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: 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 Potter v Goord, 305 AD2d 899, 899 [2003]).

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

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Bluebook (online)

3 A.D.3d 634, 769 N.Y.S.2d 911, 2004 N.Y. App. Div. LEXIS 94, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcgee-v-goord-nyappdiv-2004.

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