Simmonds v. Walsh

Appellate Division of the Supreme Court of New York

Simmonds v. Walsh

12 A.D.3d 994, 784 N.Y.S.2d 910, 2004 N.Y. App. Div. LEXIS 14300

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

DecidedNovember 24, 2004

StatusPublished

This text of 12 A.D.3d 994 (Simmonds v. Walsh) 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

Simmonds v. Walsh, 12 A.D.3d 994, 784 N.Y.S.2d 910, 2004 N.Y. App. Div. LEXIS 14300 (N.Y. Ct. App. 2004).

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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 which found petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating the prison disciplinary rule that prohibits gambling. 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 is entitled, the matter is dismissed as moot (see Matter of Ree v Goord, 294 AD2d 735 [2002]).

Crew III, J.P., Peters, Carpinello, Mugglin and Rose, 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 which found petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating the prison disciplinary rule that prohibits gambling. 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 is entitled, the matter is dismissed as moot (see Matter of Ree v Goord, 294 AD2d 735 [2002]).

Crew III, J.P., Peters, Carpinello, Mugglin and Rose, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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Bluebook (online)

12 A.D.3d 994, 784 N.Y.S.2d 910, 2004 N.Y. App. Div. LEXIS 14300, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simmonds-v-walsh-nyappdiv-2004.

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