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Tevault v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Sep 19, 2002
297 A.D.2d 870 (N.Y. App. Div. 2002)

Opinion

91469

September 19, 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 which found petitioner guilty of violating certain prison disciplinary rules.

Richard Tevault, Dannemora, petitioner pro se.

Eliot Spitzer, Attorney General, Albany (Wayne L. Benjamin of counsel), for respondent.

Before: Crew III, J.P., Peters, Carpinello, Mugglin and, Lahtinen, JJ.


MEMORANDUM AND JUDGMENT

Petitioner commenced this CPLR article 78 proceeding to challenge respondent's determination finding him guilty of violating the prison disciplinary rules that prohibit refusing to obey a direct order and violating urinalysis testing procedures. The underlying determination has been administratively reversed 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).

Crew III, J.P., Peters, Carpinello, Mugglin and Lahtinen, JJ., concur.

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


Summaries of

Tevault v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Sep 19, 2002
297 A.D.2d 870 (N.Y. App. Div. 2002)
Case details for

Tevault v. Goord

Case Details

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

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

Date published: Sep 19, 2002

Citations

297 A.D.2d 870 (N.Y. App. Div. 2002)
746 N.Y.S.2d 923

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