Hinds v. Venettozzi

Appellate Division of the Supreme Court of New York

Hinds v. Venettozzi

64 A.D.3d 1095, 882 N.Y.S.2d 666

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

DecidedJuly 30, 2009

StatusPublished

Cited by2 cases

This text of 64 A.D.3d 1095 (Hinds v. Venettozzi) 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

Hinds v. Venettozzi, 64 A.D.3d 1095, 882 N.Y.S.2d 666 (N.Y. Ct. App. 2009).

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Opinion

Appeal from a judgment of the Supreme Court (McNamara, J.), entered June 27, 2008 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Commissioner of Correctional Services finding petitioner guilty of violating a prison disciplinary rule.

Petitioner, a prison inmate, commenced this proceeding challenging a tier III disciplinary determination finding him guilty of a false alarm. The Attorney General advises this Court that the administrative determination at issue has been reversed [1096]*1096and 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 matter is therefore dismissed as moot (see Matter of Hart v Fischer, 60 AD3d 1226 [2009]; Matter of York v Fischer, 55 AD3d 1096 [2008]).

Peters, J.E, Spain, Lahtinen, Kavanagh 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 (McNamara, J.), entered June 27, 2008 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Commissioner of Correctional Services finding petitioner guilty of violating a prison disciplinary rule.

Petitioner, a prison inmate, commenced this proceeding challenging a tier III disciplinary determination finding him guilty of a false alarm. The Attorney General advises this Court that the administrative determination at issue has been reversed [1096]*1096and 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 matter is therefore dismissed as moot (see Matter of Hart v Fischer, 60 AD3d 1226 [2009]; Matter of York v Fischer, 55 AD3d 1096 [2008]).

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

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Bluebook (online)

64 A.D.3d 1095, 882 N.Y.S.2d 666, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hinds-v-venettozzi-nyappdiv-2009.

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