Rosario v. Goord

Appellate Division of the Supreme Court of New York

Rosario v. Goord

246 A.D.2d 939, 667 N.Y.S.2d 323, 1998 N.Y. App. Div. LEXIS 739

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

DecidedJanuary 29, 1998

StatusPublished

This text of 246 A.D.2d 939 (Rosario 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

Rosario v. Goord, 246 A.D.2d 939, 667 N.Y.S.2d 323, 1998 N.Y. App. Div. LEXIS 739 (N.Y. Ct. App. 1998).

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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 Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

The Attorney-General has advised this Court by letter that [940]*940respondents are not submitting a brief and he requests that this proceeding be dismissed as moot inasmuch as the determination under review has been administratively reversed and expungement has been directed. Because petitioner has received all 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, Spain 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 Albany County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

The Attorney-General has advised this Court by letter that [940]*940respondents are not submitting a brief and he requests that this proceeding be dismissed as moot inasmuch as the determination under review has been administratively reversed and expungement has been directed. Because petitioner has received all 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, Spain and Carpinello, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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Bluebook (online)

246 A.D.2d 939, 667 N.Y.S.2d 323, 1998 N.Y. App. Div. LEXIS 739, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosario-v-goord-nyappdiv-1998.

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