Appellate Division of the Supreme Court of New York, 2001

Wright v. Goord

Wright v. Goord
Appellate Division of the Supreme Court of New York · Decided October 18, 2001
287 A.D.2d 840; 731 N.Y.S.2d 409; 2001 N.Y. App. Div. LEXIS 9740
Wright v. Goord

Opinion of the Court

—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 a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating the prison disciplinary rule that prohibits interference with an employee. The determination has since been annulled 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 Witherspoon v Goord, 243 AD2d 931).

Crew III, J. P., Peters, Spain, Mugglin and Rose, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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