Soto v. Coughlin

Appellate Division of the Supreme Court of New York

Soto v. Coughlin

212 A.D.2d 925, 623 N.Y.S.2d 175, 1995 N.Y. App. Div. LEXIS 1600

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

DecidedFebruary 16, 1995

StatusPublished

Cited by3 cases

This text of 212 A.D.2d 925 (Soto v. Coughlin) 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

Soto v. Coughlin, 212 A.D.2d 925, 623 N.Y.S.2d 175, 1995 N.Y. App. Div. LEXIS 1600 (N.Y. Ct. App. 1995).

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Opinion

—Appeal from a judgment of the Supreme Court (Connor, J.), entered June 7, 1994 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination directing that petitioner’s wife be strip searched prior to a family reunion visit.

Petitioner, a prison inmate, commenced this proceeding alleging, inter alia, that an order directing that petitioner’s wife be strip searched prior to a trailer visit at the facility was implemented in violation of normal procedures. Supreme Court dismissed the petition on the merits. Since that decision, however, respondents have concluded that the challenged order did not comply fully with the pertinent directives. Consequently, respondents have requested that all references to the matter, if any, be expunged from petitioner’s records. Because petitioner has thus already received all of the relief to which he is entitled, the matter is moot and this appeal should be dismissed.

Mikoll, J. P., Mercure, Crew III, Yesawich Jr. and Peters, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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—Appeal from a judgment of the Supreme Court (Connor, J.), entered June 7, 1994 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination directing that petitioner’s wife be strip searched prior to a family reunion visit.

Petitioner, a prison inmate, commenced this proceeding alleging, inter alia, that an order directing that petitioner’s wife be strip searched prior to a trailer visit at the facility was implemented in violation of normal procedures. Supreme Court dismissed the petition on the merits. Since that decision, however, respondents have concluded that the challenged order did not comply fully with the pertinent directives. Consequently, respondents have requested that all references to the matter, if any, be expunged from petitioner’s records. Because petitioner has thus already received all of the relief to which he is entitled, the matter is moot and this appeal should be dismissed.

Mikoll, J. P., Mercure, Crew III, Yesawich Jr. and Peters, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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Bluebook (online)

212 A.D.2d 925, 623 N.Y.S.2d 175, 1995 N.Y. App. Div. LEXIS 1600, Counsel Stack Legal Research, https://law.counselstack.com/opinion/soto-v-coughlin-nyappdiv-1995.

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