Sharief v. Leonardo

Appellate Division of the Supreme Court of New York

Sharief v. Leonardo

186 A.D.2d 932, 589 N.Y.S.2d 823, 1992 N.Y. App. Div. LEXIS 12361

Appellate Division of the Supreme Court of the State of New York·Decided October 29, 1992·Published·Cited by 1 cases

Opinion

— Proceeding' pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Washington County) to review a determination of respondent Superintendent of Great Meadow Correctional Facility which found petitioner guilty of violating certain prison disciplinary rules.

The Attorney-General advised this Court that respondents would not be submitting a brief and have submitted administrative memoranda indicating that the determination at issue has been administratively reversed and expunged from petitioner’s record. Inasmuch as the initial determination has been administratively reversed, the controversy has ended and respondents’ motion to dismiss should be granted (see, Matter of Wong v Coughlin, 150 AD2d 832).

Mikoll, J. P., Crew III, Mahoney, Casey and Harvey, 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 Washington County) to review a determination of respondent Superintendent of Great Meadow Correctional Facility which found petitioner guilty of violating certain prison disciplinary rules.

The Attorney-General advised this Court that respondents would not be submitting a brief and have submitted administrative memoranda indicating that the determination at issue has been administratively reversed and expunged from petitioner’s record. Inasmuch as the initial determination has been administratively reversed, the controversy has ended and respondents’ motion to dismiss should be granted (see, Matter of Wong v Coughlin, 150 AD2d 832).

Mikoll, J. P., Crew III, Mahoney, Casey and Harvey, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

Sharief v. Leonardo, 186 A.D.2d 932, 589 N.Y.S.2d 823, 1992 N.Y. App. Div. LEXIS 12361 (N.Y. Ct. App. 1992).

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186 A.D.2d 932 (Sharief v. Leonardo) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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