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Matter of Stanislas v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Sep 10, 1998
253 A.D.2d 918 (N.Y. App. Div. 1998)

Opinion

September 10, 1998

Appeal from the Supreme Court, Franklin County (Demarest, J.).


Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging respondents' determination finding him guilty of violating various prison disciplinary rules. Respondents moved to dismiss the petition as moot inasmuch as the determination at issue had been administratively reversed and all references thereto were expunged from petitioner's records. Supreme Court granted respondents' motion and this appeal ensued. Because petitioner received all the relief to which he was entitled, we find no error in Supreme Court dismissing the petition as moot ( see, Matter of Cliff v. Senkowski, 227 A.D.2d 752, lv denied 88 N.Y.2d 810). Furthermore, petitioner's contention that he should be transferred to another correctional facility is unpersuasive inasmuch as inmates do not have the right to select their place of incarceration ( see, Matter of Martin v. Coughlin, 207 A.D.2d 932).

Cardona, P.J., Mikoll, White, Carpinello and Graffeo, JJ., concur.

Ordered that the judgment is affirmed, without costs.


Summaries of

Matter of Stanislas v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Sep 10, 1998
253 A.D.2d 918 (N.Y. App. Div. 1998)
Case details for

Matter of Stanislas v. Goord

Case Details

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

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

Date published: Sep 10, 1998

Citations

253 A.D.2d 918 (N.Y. App. Div. 1998)
678 N.Y.S.2d 305

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