Appellate Division of the Supreme Court of New York, 2002

Barclay v. State of New York Department of Correctional Services

Barclay v. State of New York Department of Correctional Services
Appellate Division of the Supreme Court of New York · Decided September 19, 2002
297 A.D.2d 870; 746 N.Y.2d 924; 746 N.Y.S.2d 924; 2002 N.Y. App. Div. LEXIS 8437
Barclay v. State of New York Department of Correctional Services

Opinion of the Court

Petitioner was found guilty of violating the prison disciplinary rules prohibiting assault on a staff member, violent conduct, making threats and refusing to obey a direct order. The determination has now 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 AD2d 808; Matter of Maldonado v Miller, 259 AD2d 912).

Cardona, P.J., Mercure, Spain, Mugglin and Kane, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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