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Goodale v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Nov 21, 2007
45 A.D.3d 1121 (N.Y. App. Div. 2007)

Opinion

No. 501639.

November 21, 2007.

Appeal from a judgment of the Supreme Court (Ceresia, Jr., J.), entered November 1, 2006 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent withholding good time credit.

Gary Goodale, Oswego, appellant pro se.

Andrew M. Cuomo, Attorney General, Albany (Patrick Barnett-Mulligan of counsel), for respondent.

Before: Mercure, J.P., Spain, Carpinello, Lahtinen and Kane, JJ.


Petitioner challenges a determination that withheld one year, one month and 22 days of good time allowance based upon his failure to complete certain treatment programs. The Attorney General has advised the Court that petitioner reached the maximum expiration date of his sentence and was released from prison. Accordingly, this appeal must be dismissed as moot ( see Matter of Roach v Goord, 19 AD3d 839; Matter of Eades v Duncan, 307 AD2d 503; Matter of Ferro v Luvera, 288 AD2d 735).

Ordered that the appeal is dismissed, as moot, without costs.


Summaries of

Goodale v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Nov 21, 2007
45 A.D.3d 1121 (N.Y. App. Div. 2007)
Case details for

Goodale v. Goord

Case Details

Full title:In the Matter of GARY GOODALE, Appellant, v. GLENN S. GOORD, as…

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

Date published: Nov 21, 2007

Citations

45 A.D.3d 1121 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 9148
844 N.Y.S.2d 919