Smalls v. Smith

Appellate Division of the Supreme Court of New York

Smalls v. Smith

47 A.D.3d 1101, 848 N.Y.S.2d 904

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

DecidedJanuary 17, 2008

StatusPublished

Cited by1 cases

This text of 47 A.D.3d 1101 (Smalls v. Smith) 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

Smalls v. Smith, 47 A.D.3d 1101, 848 N.Y.S.2d 904 (N.Y. Ct. App. 2008).

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Opinion

Appeal from an amended judgment of the Supreme Court (Egan, Jr., J), entered April 3, 2007 in Ulster County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent finding petitioner guilty of violating a prison disciplinary rule.

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a tier II disciplinary determination finding him guilty of making false statements. Supreme Court dismissed the petition, prompting this appeal by petitioner. The Attorney General has advised this Court in writing that the determination at issue has been administratively reversed and all references thereto have been expunged from petitioner’s institutional record. Accordingly, because petitioner has been afforded all of the relief to which he is entitled, this matter is dismissed as moot (see Matter of Ward v Goord, 43 AD3d 1257, 1257 [2007]).

Cardona, P.J, Peters, Spain, Rose and Kane, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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Appeal from an amended judgment of the Supreme Court (Egan, Jr., J), entered April 3, 2007 in Ulster County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent finding petitioner guilty of violating a prison disciplinary rule.

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a tier II disciplinary determination finding him guilty of making false statements. Supreme Court dismissed the petition, prompting this appeal by petitioner. The Attorney General has advised this Court in writing that the determination at issue has been administratively reversed and all references thereto have been expunged from petitioner’s institutional record. Accordingly, because petitioner has been afforded all of the relief to which he is entitled, this matter is dismissed as moot (see Matter of Ward v Goord, 43 AD3d 1257, 1257 [2007]).

Cardona, P.J, Peters, Spain, Rose and Kane, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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Bluebook (online)

47 A.D.3d 1101, 848 N.Y.S.2d 904, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smalls-v-smith-nyappdiv-2008.

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