Watson v. Goord

Appellate Division of the Supreme Court of New York

Watson v. Goord

294 A.D.2d 725, 741 N.Y.S.2d 754, 2002 N.Y. App. Div. LEXIS 5071

Appellate Division of the Supreme Court of the State of New York·Decided May 16, 2002·Published·Cited by 3 cases

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 a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding to challenge a prison disciplinary determination finding him guilty of violating the prison disciplinary rule that prohibits inmates from participating in demonstrations. The determination was administratively reversed on February 26, 2002 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).

Cardona, P.J., Crew III, Peters, Carpinello and Rose, JJ., [726] 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 a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding to challenge a prison disciplinary determination finding him guilty of violating the prison disciplinary rule that prohibits inmates from participating in demonstrations. The determination was administratively reversed on February 26, 2002 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).

Cardona, P.J., Crew III, Peters, Carpinello and Rose, JJ., [726] concur. Adjudged that the petition is dismissed, as moot, without costs.

Watson v. Goord, 294 A.D.2d 725, 741 N.Y.S.2d 754, 2002 N.Y. App. Div. LEXIS 5071 (N.Y. Ct. App. 2002).

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294 A.D.2d 725 (Watson v. Goord) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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