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In the Matter of Morrison v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Jun 23, 2005
19 A.D.3d 918 (N.Y. App. Div. 2005)

Opinion

97189.

June 23, 2005.

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.

Percival Morrison, petitioner pro se.

Eliot Spitzer, Attorney General, Albany (Andrea Oser of counsel), for respondent.

Before: Spain, J.P., Carpinello, Mugglin, Rose and Lahtinen, JJ., concur.


Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating the prison disciplinary rules that prohibit inmates from committing an unhygienic act, refusing a direct order, failing to comply with frisk procedures and drug use. The Attorney General has advised this Court that the determination at issue has been administratively reversed and all references thereto 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 Maldonado v. Goord, 296 AD2d 807).

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


Summaries of

In the Matter of Morrison v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Jun 23, 2005
19 A.D.3d 918 (N.Y. App. Div. 2005)
Case details for

In the Matter of Morrison v. Goord

Case Details

Full title:In the Matter of PERCIVAL MORRISON, Petitioner, v. GLENN S. GOORD, as…

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

Date published: Jun 23, 2005

Citations

19 A.D.3d 918 (N.Y. App. Div. 2005)
796 N.Y.S.2d 925