Appellate Division of the Supreme Court of New York, 2005

Basden v. Goord

Appellate Division of the Supreme Court of New York · Decided June 16, 2005

19 A.D.3d 838; 797 N.Y.S.2d 172; 2005 N.Y. App. Div. LEXIS 6758

Cases that cite this one

2 later published cases cite this decision.

Lamage v. Fischer (Appellate Division of the Supreme Court of New York 2010)
Ayala v. Goord (Appellate Division of the Supreme Court of New York 2006)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Proceeding pursuant to CPLR article 78 *839(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.

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating prison disciplinary rules that prohibit fighting and assaulting an inmate. The Attorney General has advised this Court by letter that the determination at issue has been administratively reversed and that all references thereto have been expunged from petitioner’s institutional record. 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 Johnson v Goord, 308 AD2d 621, 622 [2003]).

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

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