Betancourt v. Ricks

Appellate Division of the Supreme Court of New York

Betancourt v. Ricks

288 A.D.2d 644, 732 N.Y.S.2d 599, 2001 N.Y. App. Div. LEXIS 10869

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

DecidedNovember 15, 2001

StatusPublished

This text of 288 A.D.2d 644 (Betancourt v. Ricks) 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

Betancourt v. Ricks, 288 A.D.2d 644, 732 N.Y.S.2d 599, 2001 N.Y. App. Div. LEXIS 10869 (N.Y. Ct. App. 2001).

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Opinion

Carpinello, J.

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

The Attorney General has advised this Court by letter that the determination at issue has been administratively reversed and all references thereto have been expunged from petitioner’s institutional record. Inasmuch as petitioner has received all the relief to which he is entitled and is no longer aggrieved, the matter is dismissed as moot (see, Matter of Holmes v Selsky, 283 AD2d 754; Curtis v Goord, 274 AD2d 808).

Cardona, P. J., Mercure, Crew III and Lahtinen, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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Carpinello, J.

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

The Attorney General has advised this Court by letter that the determination at issue has been administratively reversed and all references thereto have been expunged from petitioner’s institutional record. Inasmuch as petitioner has received all the relief to which he is entitled and is no longer aggrieved, the matter is dismissed as moot (see, Matter of Holmes v Selsky, 283 AD2d 754; Curtis v Goord, 274 AD2d 808).

Cardona, P. J., Mercure, Crew III and Lahtinen, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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Bluebook (online)

288 A.D.2d 644, 732 N.Y.S.2d 599, 2001 N.Y. App. Div. LEXIS 10869, Counsel Stack Legal Research, https://law.counselstack.com/opinion/betancourt-v-ricks-nyappdiv-2001.

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