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In the Matter of Larkins v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Dec 22, 2005
24 A.D.3d 1077 (N.Y. App. Div. 2005)

Opinion

98061.

December 22, 2005.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Chemung County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

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


Following a physical altercation with a correction officer, petitioner was charged in a misbehavior report with assaulting staff, engaging in violent conduct and refusing a direct order. He was found guilty of these charges following a tier III disciplinary hearing and the determination was affirmed on administrative appeal. Petitioner then commenced this CPLR article 78 proceeding challenging it.

Since the commencement of this proceeding, the determination of guilt has been administratively reversed and all references thereto have been expunged from petitioner's institutional records. Inasmuch as petitioner has been afforded all the relief to which he is entitled and is no longer aggrieved, the matter must be dismissed as moot ( see Matter of Terry v. Goord, 14 AD3d 766).

Adjudged that the petition is dismissed, as moot, without costs


Summaries of

In the Matter of Larkins v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Dec 22, 2005
24 A.D.3d 1077 (N.Y. App. Div. 2005)
Case details for

In the Matter of Larkins v. Goord

Case Details

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

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

Date published: Dec 22, 2005

Citations

24 A.D.3d 1077 (N.Y. App. Div. 2005)
805 N.Y.S.2d 722

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Davis v. Smith

Since the commencement of this proceeding, the January 11, 2005 determination has been reversed and expunged…