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In the Matter of Stephens v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Jun 16, 2005
19 A.D.3d 844 (N.Y. App. Div. 2005)

Opinion

96737.

June 16, 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 Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Benjamin Stephens, New York City, petitioner pro se.

Eliot Spitzer, Attorney General, Albany (William E. Storrs of counsel), for respondents.

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


Petitioner commenced this CPLR article 78 proceeding to challenge a determination finding him guilty of violating prison disciplinary rules prohibiting inmates from making threats and leading or participating in actions detrimental to the order of the facility. The Attorney General has advised this Court by letter that the determination has been administratively reversed and all references thereto have been expunged from petitioner's institutional records. 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 White v. Goord, 15 AD3d 795, 795-796; Matter of Terry v. Goord, 14 AD3d 766).

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


Summaries of

In the Matter of Stephens v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Jun 16, 2005
19 A.D.3d 844 (N.Y. App. Div. 2005)
Case details for

In the Matter of Stephens v. Goord

Case Details

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

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

Date published: Jun 16, 2005

Citations

19 A.D.3d 844 (N.Y. App. Div. 2005)
797 N.Y.S.2d 169

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