Toney v. Goord

Appellate Division of the Supreme Court of New York

Toney v. Goord

47 A.D.3d 1034, 848 N.Y.S.2d 547

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

DecidedJanuary 10, 2008

StatusPublished

This text of 47 A.D.3d 1034 (Toney 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

Toney v. Goord, 47 A.D.3d 1034, 848 N.Y.S.2d 547 (N.Y. Ct. App. 2008).

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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 which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination finding him guilty of violent conduct, creating a disturbance, harassment, refusing a direct order and making threats. The Attorney General has informed this Court that the determina[1035]*1035tion 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, the petition is dismissed as moot (see Matter of Roman v Goord, 41 AD3d 1102, 1102 [2007]).

Cardona, P.J., Mercure, Spain, Carpinello and Lahtinen, 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 which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination finding him guilty of violent conduct, creating a disturbance, harassment, refusing a direct order and making threats. The Attorney General has informed this Court that the determina[1035]*1035tion 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, the petition is dismissed as moot (see Matter of Roman v Goord, 41 AD3d 1102, 1102 [2007]).

Cardona, P.J., Mercure, Spain, Carpinello and Lahtinen, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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Bluebook (online)

47 A.D.3d 1034, 848 N.Y.S.2d 547, Counsel Stack Legal Research, https://law.counselstack.com/opinion/toney-v-goord-nyappdiv-2008.

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