Santos v. McGuane

Appellate Division of the Supreme Court of New York

Santos v. McGuane

308 A.D.2d 620, 764 N.Y.S.2d 223, 2003 N.Y. App. Div. LEXIS 9312

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

DecidedSeptember 11, 2003

StatusPublished

This text of 308 A.D.2d 620 (Santos v. McGuane) 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

Santos v. McGuane, 308 A.D.2d 620, 764 N.Y.S.2d 223, 2003 N.Y. App. Div. LEXIS 9312 (N.Y. Ct. App. 2003).

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Opinion

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

Petitioner commenced this proceeding challenging a determination finding him guilty of. violating the prison disciplinary rule against making threats. 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 [621]*621is entitled and is no longer aggrieved, the matter is dismissed as moot (see Matter of Johnson v Goord, 291 AD2d 772, 773 [2002]).

Mercure, J.P., Spain, Carpinello, Lahtinen 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 Essex County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this proceeding challenging a determination finding him guilty of. violating the prison disciplinary rule against making threats. 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 [621]*621is entitled and is no longer aggrieved, the matter is dismissed as moot (see Matter of Johnson v Goord, 291 AD2d 772, 773 [2002]).

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

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Bluebook (online)

308 A.D.2d 620, 764 N.Y.S.2d 223, 2003 N.Y. App. Div. LEXIS 9312, Counsel Stack Legal Research, https://law.counselstack.com/opinion/santos-v-mcguane-nyappdiv-2003.

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