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Johnson v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Feb 28, 2002
291 A.D.2d 772 (N.Y. App. Div. 2002)

Opinion

90359

February 28, 2002.

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.

Todd Johnson, Dannemora, petitioner pro se.

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

Before: Cardona, P.J., Crew III, Spain, Mugglin and, Lahtinen, JJ.


MEMORANDUM AND JUDGMENT

Petitioner commenced this CPLR article 78 proceeding to challenge a prison disciplinary determination finding him guilty of violating the prison disciplinary rules that prohibit inmates from possessing a weapon or altering an authorized item. The determination was administratively reversed on January 11, 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 A.D.2d 808; Matter of Maldonado v. Miller, 259 A.D.2d 912).

Cardona, P.J., Crew III, Spain, Mugglin and Lahtinen, JJ., concur.

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


Summaries of

Johnson v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Feb 28, 2002
291 A.D.2d 772 (N.Y. App. Div. 2002)
Case details for

Johnson v. Goord

Case Details

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

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

Date published: Feb 28, 2002

Citations

291 A.D.2d 772 (N.Y. App. Div. 2002)
737 N.Y.S.2d 885

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