Ames v. Gutwein

Appellate Division of the Supreme Court of New York

Ames v. Gutwein

76 A.D.2d 1163, 907 N.Y.S.2d 727

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

DecidedSeptember 30, 2010

StatusPublished

This text of 76 A.D.2d 1163 (Ames v. Gutwein) 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

Ames v. Gutwein, 76 A.D.2d 1163, 907 N.Y.S.2d 727 (N.Y. Ct. App. 2010).

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Opinion

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

Following a tier III disciplinary hearing, petitioner was found guilty of violating certain prison disciplinary rules, and this CPLR article 78 proceeding ensued. The Attorney General advises this Court that the determination has since been administratively reversed and all references thereto expunged from petitioner’s disciplinary record; thus, this proceeding is dismissed as moot (see Matter of Keesh v Fischer, 73 AD3d 1301 [2010]).

Mercure, J.E, Rose, Malone Jr., Stein and Egan Jr., JJ., concur. Adjudged that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $25.

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

Following a tier III disciplinary hearing, petitioner was found guilty of violating certain prison disciplinary rules, and this CPLR article 78 proceeding ensued. The Attorney General advises this Court that the determination has since been administratively reversed and all references thereto expunged from petitioner’s disciplinary record; thus, this proceeding is dismissed as moot (see Matter of Keesh v Fischer, 73 AD3d 1301 [2010]).

Mercure, J.E, Rose, Malone Jr., Stein and Egan Jr., JJ., concur. Adjudged that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $25.

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Bluebook (online)

76 A.D.2d 1163, 907 N.Y.S.2d 727, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ames-v-gutwein-nyappdiv-2010.

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