Hanson v. Bezio

Appellate Division of the Supreme Court of New York

Hanson v. Bezio

79 A.D.3d 1569, 912 N.Y.S.2d 921

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

DecidedDecember 30, 2010

StatusPublished

Cited by3 cases

This text of 79 A.D.3d 1569 (Hanson v. Bezio) 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

Hanson v. Bezio, 79 A.D.3d 1569, 912 N.Y.S.2d 921 (N.Y. Ct. App. 2010).

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Opinion

Appeal from a judgment of the Supreme Court (O’Connor, J.), entered October 30, 2009, which dismissed petitioner’s application, in a proceeding pursu[1570]*1570ant to CPLR article 78, to review a determination of the Commissioner of Correctional Services finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding to challenge a tier III disciplinary determination finding him guilty of lewd contact and refusing to obey a direct order. The Attorney General has advised this Court that the determination at issue has been administratively reversed and all references thereto have been expunged from petitioner’s institutional record. Accordingly, petitioner has received all the relief to which he is entitled, and this appeal is dismissed as moot (see Matter of Mercer v Artus, 70 AD3d 1073, 1073-1074 [2010]; Matter of Rivera v Napoli, 69 AD3d 1284, 1285 [2010]).

Spain, J.E, Lahtinen, Kavanagh, Stein and Garry, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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Appeal from a judgment of the Supreme Court (O’Connor, J.), entered October 30, 2009, which dismissed petitioner’s application, in a proceeding pursu[1570]*1570ant to CPLR article 78, to review a determination of the Commissioner of Correctional Services finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding to challenge a tier III disciplinary determination finding him guilty of lewd contact and refusing to obey a direct order. The Attorney General has advised this Court that the determination at issue has been administratively reversed and all references thereto have been expunged from petitioner’s institutional record. Accordingly, petitioner has received all the relief to which he is entitled, and this appeal is dismissed as moot (see Matter of Mercer v Artus, 70 AD3d 1073, 1073-1074 [2010]; Matter of Rivera v Napoli, 69 AD3d 1284, 1285 [2010]).

Spain, J.E, Lahtinen, Kavanagh, Stein and Garry, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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Bluebook (online)

79 A.D.3d 1569, 912 N.Y.S.2d 921, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hanson-v-bezio-nyappdiv-2010.

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