Torres v. Miller

Appellate Division of the Supreme Court of New York

Torres v. Miller

276 A.D.2d 957, 715 N.Y.S.2d 920, 2000 N.Y. App. Div. LEXIS 10844

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

DecidedOctober 26, 2000

StatusPublished

This text of 276 A.D.2d 957 (Torres v. Miller) 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

Torres v. Miller, 276 A.D.2d 957, 715 N.Y.S.2d 920, 2000 N.Y. App. Div. LEXIS 10844 (N.Y. Ct. App. 2000).

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Opinion

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme [958]*958Court, entered, in Ulster County) to review two determinations of the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

The Attorney General has advised this Court that the determinations at issue have been administratively reversed and that all references to the disciplinary hearings will be expunged from petitioner’s institutional record. 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 Witherspoon v Goord, 243 AD2d 931).

Peters, J. P., Graffeo, Mugglin, Rose 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 [958]*958Court, entered, in Ulster County) to review two determinations of the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

The Attorney General has advised this Court that the determinations at issue have been administratively reversed and that all references to the disciplinary hearings will be expunged from petitioner’s institutional record. 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 Witherspoon v Goord, 243 AD2d 931).

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

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Bluebook (online)

276 A.D.2d 957, 715 N.Y.S.2d 920, 2000 N.Y. App. Div. LEXIS 10844, Counsel Stack Legal Research, https://law.counselstack.com/opinion/torres-v-miller-nyappdiv-2000.

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