Matter of Roman v Goord

Decided and Entered: June 28, 2007
500843
________________________________
In the Matter of BENJAMIN ROMAN, Petitioner,
v
GLENN S. GOORD, as Commissioner of Correctional Services,
et al., Respondents. .....

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Decided and Entered: June 28, 2007 500843 ________________________________ In the Matter of BENJAMIN ROMAN, Petitioner, v GLENN S. GOORD, as Commissioner of Correctional Services, et al., Respondents. ___________________________ Calendar Date: May 16, 2007 Before: Cardona, P.J., Crew III, Peters, Mugglin and Kane, JJ. __________ Benjamin Roman, Dannemora, petitioner pro se. Andrew M. Cuomo, Attorney General, Albany (Patrick Barnett-Mulligan of counsel), for respondents. __________ 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 certain prison disciplinary rules. Petitioner was found guilty, following a tier III disciplinary hearing, of engaging in violent conduct, assaulting an inmate and possessing a weapon. Following an unsuccessful administrative appeal, he commenced this CPLR article 78 proceeding. During the pendency of this proceeding, the determination was administratively reversed and all references thereto were expunged from petitioner’s institutional record. In view of this, and since petitioner has received all the relief to which he is entitled, the matter is dismissed as moot (see Matter of Kalwasinski v Goord, 29 AD3d 1104, 1105 [2006]). Cardona, P.J., Crew III, Peters, Mugglin and Kane, JJ., concur. ADJUDGED that the petition is dismissed, as moot, without costs.

Matter of Roman v Goord

Decided and Entered: June 28, 2007 500843 ________________________________ In the Matter of BENJAMIN ROMAN, Petitioner, v GLENN S. GOORD, as Commissioner of Correctional Services, et al., Respondents. .....

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to New York Law Journal

Decided and Entered: June 28, 2007
500843
________________________________
In the Matter of BENJAMIN ROMAN, Petitioner,
v
GLENN S. GOORD, as Commissioner of Correctional Services,
et al., Respondents. .....