Abreu v. Bezio

Appellate Division of the Supreme Court of New York

Abreu v. Bezio

64 A.D.3d 1061, 881 N.Y.S.2d 921

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 23, 2009

StatusPublished

This text of 64 A.D.3d 1061 (Abreu v. Bezio) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Abreu v. Bezio, 64 A.D.3d 1061, 881 N.Y.S.2d 921 (N.Y. Ct. App. 2009).

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Opinion

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 the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating a prison disciplinary rule. The Attorney General has advised this Court that the determination at issue has been administratively reversed and that all references thereto have been expunged from petitioner’s institutional record. Consequently, petitioner has received all the relief to which he is entitled and this proceeding is dismissed as moot (see Matter of Molano v Bezio, 60 AD3d 1233, 1234 [2009]).

Cardona, EJ., Spain, Kane, Malone Jr. and Stein, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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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 the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating a prison disciplinary rule. The Attorney General has advised this Court that the determination at issue has been administratively reversed and that all references thereto have been expunged from petitioner’s institutional record. Consequently, petitioner has received all the relief to which he is entitled and this proceeding is dismissed as moot (see Matter of Molano v Bezio, 60 AD3d 1233, 1234 [2009]).

Cardona, EJ., Spain, Kane, Malone Jr. and Stein, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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Bluebook (online)

64 A.D.3d 1061, 881 N.Y.S.2d 921, Counsel Stack Legal Research, https://law.counselstack.com/opinion/abreu-v-bezio-nyappdiv-2009.

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