Tevault v. Goord

Appellate Division of the Supreme Court of New York

Tevault v. Goord

297 A.D.2d 870, 746 N.Y.2d 923, 746 N.Y.S.2d 923, 2002 N.Y. App. Div. LEXIS 8420

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

DecidedSeptember 19, 2002

StatusPublished

Cited by1 cases

This text of 297 A.D.2d 870 (Tevault 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

Tevault v. Goord, 297 A.D.2d 870, 746 N.Y.2d 923, 746 N.Y.S.2d 923, 2002 N.Y. App. Div. LEXIS 8420 (N.Y. Ct. App. 2002).

Pincite

Opinion

Petitioner commenced this CPLR article 78 proceeding to challenge respondent’s determination finding him guilty of violating the prison disciplinary rules that prohibit refusing to obey a direct order and violating urinalysis testing procedures. The underlying determination has been administratively reversed and all references thereto have been expunged from petitioner’s institutional records. Inasmuch 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 Curtis v Goord, 274 AD2d 808; Matter of Maldonado v Miller, 259 AD2d 912).

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

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Petitioner commenced this CPLR article 78 proceeding to challenge respondent’s determination finding him guilty of violating the prison disciplinary rules that prohibit refusing to obey a direct order and violating urinalysis testing procedures. The underlying determination has been administratively reversed and all references thereto have been expunged from petitioner’s institutional records. Inasmuch 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 Curtis v Goord, 274 AD2d 808; Matter of Maldonado v Miller, 259 AD2d 912).

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

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Bluebook (online)

297 A.D.2d 870, 746 N.Y.2d 923, 746 N.Y.S.2d 923, 2002 N.Y. App. Div. LEXIS 8420, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tevault-v-goord-nyappdiv-2002.

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