Proctor v. Coombe

Appellate Division of the Supreme Court of New York

Proctor v. Coombe

233 A.D.2d 648, 649 N.Y.S.2d 832, 1996 N.Y. App. Div. LEXIS 11715

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

DecidedNovember 14, 1996

StatusPublished

Cited by1 cases

This text of 233 A.D.2d 648 (Proctor v. Coombe) 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

Proctor v. Coombe, 233 A.D.2d 648, 649 N.Y.S.2d 832, 1996 N.Y. App. Div. LEXIS 11715 (N.Y. Ct. App. 1996).

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Opinion

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

The Attorney-General has advised this Court by letter that respondents are not submitting a brief and requests that this proceeding be dismissed as moot inasmuch as the determination under review has been administratively reversed and ex-pungement has been directed. Because petitioner has received [649]*649all the relief to which he is entitled, the matter is moot and the petition is dismissed (see, Matter of Martin v Henderson, 159 AD2d 867).

Cardona, P. J., Mercure, Crew III, Yesawich Jr. and Carpinello, 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 Sullivan County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

The Attorney-General has advised this Court by letter that respondents are not submitting a brief and requests that this proceeding be dismissed as moot inasmuch as the determination under review has been administratively reversed and ex-pungement has been directed. Because petitioner has received [649]*649all the relief to which he is entitled, the matter is moot and the petition is dismissed (see, Matter of Martin v Henderson, 159 AD2d 867).

Cardona, P. J., Mercure, Crew III, Yesawich Jr. and Carpinello, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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Bluebook (online)

233 A.D.2d 648, 649 N.Y.S.2d 832, 1996 N.Y. App. Div. LEXIS 11715, Counsel Stack Legal Research, https://law.counselstack.com/opinion/proctor-v-coombe-nyappdiv-1996.

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