From Casetext: Smarter Legal Research

Matter of Perez v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Jan 25, 2001
279 A.D.2d 917 (N.Y. App. Div. 2001)

Opinion

January 25, 2001.

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

Sergio Perez, Malone, petitioner in person.

Eliot Spitzer, Attorney-General (Peter G. Crary of counsel), Albany, for respondents.

Before: Mercure, J.P., Peters, Spain, Mugglin and Lahtinen, JJ.


MEMORANDUM AND JUDGMENT

The Attorney-General has advised this Court by letter that the determination at issue has been administratively reversed and that all references to the disciplinary hearing have been 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 A.D.2d 931).

ADJUDGED that the petition is dismissed, as moot, without costs.


Summaries of

Matter of Perez v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Jan 25, 2001
279 A.D.2d 917 (N.Y. App. Div. 2001)
Case details for

Matter of Perez v. Goord

Case Details

Full title:IN THE MATTER OF SERGIO PEREZ, PETITIONER, v. GLENN GOORD, AS COMMISSIONER…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jan 25, 2001

Citations

279 A.D.2d 917 (N.Y. App. Div. 2001)
719 N.Y.S.2d 617

Citing Cases

Lau v. Cooke

Plaintiff appeals the two orders. Without addressing plaintiff's circuitous reasoning challenging the award…