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Matter of Rodriguez v. Hongisto

Appellate Division of the Supreme Court of New York, Third Department
Nov 6, 1980
78 A.D.2d 921 (N.Y. App. Div. 1980)

Opinion

November 6, 1980


Appeal from a judgment of the Supreme Court at Special Term, entered May 31, 1979 in Albany County, which granted petitioner's application, in a proceeding pursuant to CPLR article 78, to set aside the disposition of a superintendent's proceeding held at the Great Meadow Correctional Facility and referred the matter back to respondents for further proceedings not inconsistent with the court's judgment and decision. Petitioner commenced the instant article 78 proceeding for the sole purpose of gaining an annulment of his loss of 60 days good time which had resulted from an incident at the Great Meadow Correctional Facility on August 7, 1978. It is now uncontested that petitioner was released on parole on August 8, 1980, and, therefore, this appeal has been rendered moot and academic. Under these circumstances, the appeal should be dismissed (cf. Matter of Hamm v. Regan, 34 N.Y.2d 992; Matter of Cummings v. LeFevre, 76 A.D.2d 974). Appeal dismissed, without costs. Greenblott, J.P., Main, Mikoll, Casey and Herlihy, JJ., concur.


Summaries of

Matter of Rodriguez v. Hongisto

Appellate Division of the Supreme Court of New York, Third Department
Nov 6, 1980
78 A.D.2d 921 (N.Y. App. Div. 1980)
Case details for

Matter of Rodriguez v. Hongisto

Case Details

Full title:In the Matter of WILFRED RODRIGUEZ, Respondent, v. RICHARD HONGISTO, as…

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

Date published: Nov 6, 1980

Citations

78 A.D.2d 921 (N.Y. App. Div. 1980)

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