Duryee v. New York State Department of Correctional Services

Appellate Division of the Supreme Court of New York

Duryee v. New York State Department of Correctional Services

20 A.D.3d 632, 797 N.Y.S.2d 325, 2005 N.Y. App. Div. LEXIS 7634

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

DecidedJuly 7, 2005

StatusPublished

This text of 20 A.D.3d 632 (Duryee v. New York State Department of Correctional Services) 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.

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Duryee v. New York State Department of Correctional Services, 20 A.D.3d 632, 797 N.Y.S.2d 325, 2005 N.Y. App. Div. LEXIS 7634 (N.Y. Ct. App. 2005).

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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 respon[633]*633dent Superintendent of Coxsackie Correctional Facility which found petitioner guilty of violating a prison disciplinary rule.

At the conclusion of a tier II disciplinary hearing, petitioner was found guilty of fighting with another inmate. After he commenced this CPLR article 78 proceeding challenging the determination, it was administratively reversed and all references thereto were expunged from petitioner’s institutional record. Insofar as petitioner has received all the relief to which he is entitled, the petition is dismissed as moot (see Matter of Hyde v Selsky, 16 AD3d 799 [2005]; Matter of Majid v Portuondo, 296 AD2d 697 [2002]).

Cardona, P.J., Mercure, Crew III, Spain and Carpinello, 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 Greene County) to review a determination of respon[633]*633dent Superintendent of Coxsackie Correctional Facility which found petitioner guilty of violating a prison disciplinary rule.

At the conclusion of a tier II disciplinary hearing, petitioner was found guilty of fighting with another inmate. After he commenced this CPLR article 78 proceeding challenging the determination, it was administratively reversed and all references thereto were expunged from petitioner’s institutional record. Insofar as petitioner has received all the relief to which he is entitled, the petition is dismissed as moot (see Matter of Hyde v Selsky, 16 AD3d 799 [2005]; Matter of Majid v Portuondo, 296 AD2d 697 [2002]).

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

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Bluebook (online)

20 A.D.3d 632, 797 N.Y.S.2d 325, 2005 N.Y. App. Div. LEXIS 7634, Counsel Stack Legal Research, https://law.counselstack.com/opinion/duryee-v-new-york-state-department-of-correctional-services-nyappdiv-2005.

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