Medina v. Napoli

Appellate Division of the Supreme Court of New York

Medina v. Napoli

49 A.D.3d 1145, 856 N.Y.2d 889

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

DecidedMarch 27, 2008

StatusPublished

Cited by4 cases

This text of 49 A.D.3d 1145 (Medina v. Napoli) 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

Medina v. Napoli, 49 A.D.3d 1145, 856 N.Y.2d 889 (N.Y. Ct. App. 2008).

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Opinion

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating certain prison disciplinary rules. The Attorney General has advised this Court that the determination at issue has been administratively reversed and all references thereto have been expunged from petitioner’s institutional record. Accordingly, inasmuch as petitioner has received all the relief to which he is entitled and is no longer aggrieved, the appeal is dismissed as moot (see Matter of Lewis v Goord, 45 AD3d 1140, 1140 [2007]; Matter of Parkinson v McGinnis, 45 AD3d 1036, 1036 [2007]).

[1146]*1146Mercure, J.P., Peters, Rose, Lahtinen and Malone Jr., JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating certain prison disciplinary rules. The Attorney General has advised this Court that the determination at issue has been administratively reversed and all references thereto have been expunged from petitioner’s institutional record. Accordingly, inasmuch as petitioner has received all the relief to which he is entitled and is no longer aggrieved, the appeal is dismissed as moot (see Matter of Lewis v Goord, 45 AD3d 1140, 1140 [2007]; Matter of Parkinson v McGinnis, 45 AD3d 1036, 1036 [2007]).

[1146]*1146Mercure, J.P., Peters, Rose, Lahtinen and Malone Jr., JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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Bluebook (online)

49 A.D.3d 1145, 856 N.Y.2d 889, Counsel Stack Legal Research, https://law.counselstack.com/opinion/medina-v-napoli-nyappdiv-2008.

Opinion

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