Gonzalez v. Mazzuca

Appellate Division of the Supreme Court of New York

Gonzalez v. Mazzuca

265 A.D.2d 411, 696 N.Y.S.2d 850, 1999 N.Y. App. Div. LEXIS 10235

Appellate Division of the Supreme Court of the State of New York·Decided October 12, 1999·Published

Opinion

—Proceeding pursuant to CPLR article 78 to review a determination of the respondent Superintendent of the Fishkill Correctional Facility, dated December 8, 1997, which confirmed a determination of a Hearing Officer dated December 5, 1997, made after a Tier II disciplinary hearing, finding that the petitioner violated institutional rules and imposing a penalty.

Adjudged that the petition is dismissed as academic, without costs or disbursements.

The Attorney General has advised this Court that the determination at issue has been administratively reversed and all references to the disciplinary hearing have been expunged from the petitioner’s institutional records. Inasmuch as the petitioner has received all of the relief to which he is entitled and is no longer aggrieved, the matter is dismissed as academic (see, Matter of Palmer v Goord, 248 AD2d 771; Matter of Free v Coombe, 234 AD2d 996). Joy, J. P., Krausman, H. Miller and Feuerstein, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—Proceeding pursuant to CPLR article 78 to review a determination of the respondent Superintendent of the Fishkill Correctional Facility, dated December 8, 1997, which confirmed a determination of a Hearing Officer dated December 5, 1997, made after a Tier II disciplinary hearing, finding that the petitioner violated institutional rules and imposing a penalty.

Adjudged that the petition is dismissed as academic, without costs or disbursements.

The Attorney General has advised this Court that the determination at issue has been administratively reversed and all references to the disciplinary hearing have been expunged from the petitioner’s institutional records. Inasmuch as the petitioner has received all of the relief to which he is entitled and is no longer aggrieved, the matter is dismissed as academic (see, Matter of Palmer v Goord, 248 AD2d 771; Matter of Free v Coombe, 234 AD2d 996). Joy, J. P., Krausman, H. Miller and Feuerstein, JJ., concur.

Gonzalez v. Mazzuca, 265 A.D.2d 411, 696 N.Y.S.2d 850, 1999 N.Y. App. Div. LEXIS 10235 (N.Y. Ct. App. 1999).

Pincite

265 A.D.2d 411 (Gonzalez v. Mazzuca) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related