Stephens v. Goord

Appellate Division of the Supreme Court of New York

Stephens v. Goord

19 A.D.3d 844, 797 N.Y.S.2d 169, 2005 N.Y. App. Div. LEXIS 6743

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

DecidedJune 16, 2005

StatusPublished

This text of 19 A.D.3d 844 (Stephens v. Goord) 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

Stephens v. Goord, 19 A.D.3d 844, 797 N.Y.S.2d 169, 2005 N.Y. App. Div. LEXIS 6743 (N.Y. Ct. App. 2005).

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Opinion

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

Petitioner commenced this CPLR article 78 proceeding to challenge a determination finding him guilty of violating prison disciplinary rules prohibiting inmates from making threats and leading or participating in actions detrimental to the order of the facility. The Attorney General has advised this Court by letter that the determination has been administratively reversed and all references thereto have been expunged from petitioner’s institutional records. As petitioner has received all the relief to which he is entitled and is no longer aggrieved, the matter is dismissed as moot (see Matter of White v Goord, 15 AD3d 795, 795-796 [2005]; Matter of Terry v Goord, 14 AD3d 766 [2005]).

Mercure, J.P., Peters, Mugglin, 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 Albany County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding to challenge a determination finding him guilty of violating prison disciplinary rules prohibiting inmates from making threats and leading or participating in actions detrimental to the order of the facility. The Attorney General has advised this Court by letter that the determination has been administratively reversed and all references thereto have been expunged from petitioner’s institutional records. As petitioner has received all the relief to which he is entitled and is no longer aggrieved, the matter is dismissed as moot (see Matter of White v Goord, 15 AD3d 795, 795-796 [2005]; Matter of Terry v Goord, 14 AD3d 766 [2005]).

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

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Bluebook (online)

19 A.D.3d 844, 797 N.Y.S.2d 169, 2005 N.Y. App. Div. LEXIS 6743, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stephens-v-goord-nyappdiv-2005.

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