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

Appellate Division of the Supreme Court of the State of New York·Decided July 7, 2005·Published

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] dent 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] dent 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.

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).

Pincite

20 A.D.3d 632 (Duryee v. New York State Department of Correctional Services) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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