Huston v. Bezio

Appellate Division of the Supreme Court of New York

Huston v. Bezio

87 A.D.3d 781, 927 N.Y.2d 807

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

DecidedAugust 4, 2011

StatusPublished

Cited by1 cases

This text of 87 A.D.3d 781 (Huston 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

Huston v. Bezio, 87 A.D.3d 781, 927 N.Y.2d 807 (N.Y. Ct. App. 2011).

Pincite

Opinion

Petitioner commenced this CPLR article 78 proceeding seeking to annul a determination finding him guilty of smuggling and possession of an unauthorized mess hall container in violation of prison disciplinary rules. The Attorney General has advised this Court that the determination at issue has been administratively reversed and all references thereto expunged from petitioner’s institutional record. As a result, and inasmuch as “inmates have no statutory or constitutional right to their prior housing or programming status,” petitioner has received all the relief to which he is entitled (Matter of Jackson v Coughlin, 199 AD2d 704 [1993]; accord Matter of Mercer v Artus, 70 AD3d 1073, 1073-1074 [2010]; see Matter of Correnti v Leclaire, 52 AD3d 1153 [2008]). Accordingly, this proceeding is dismissed as moot.

Peters, J.P, Spain, Rose, Stein and McCarthy, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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

Petitioner commenced this CPLR article 78 proceeding seeking to annul a determination finding him guilty of smuggling and possession of an unauthorized mess hall container in violation of prison disciplinary rules. The Attorney General has advised this Court that the determination at issue has been administratively reversed and all references thereto expunged from petitioner’s institutional record. As a result, and inasmuch as “inmates have no statutory or constitutional right to their prior housing or programming status,” petitioner has received all the relief to which he is entitled (Matter of Jackson v Coughlin, 199 AD2d 704 [1993]; accord Matter of Mercer v Artus, 70 AD3d 1073, 1073-1074 [2010]; see Matter of Correnti v Leclaire, 52 AD3d 1153 [2008]). Accordingly, this proceeding is dismissed as moot.

Peters, J.P, Spain, Rose, Stein and McCarthy, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

Cite This Page — Counsel Stack

Bluebook (online)

87 A.D.3d 781, 927 N.Y.2d 807, Counsel Stack Legal Research, https://law.counselstack.com/opinion/huston-v-bezio-nyappdiv-2011.

Opinion

Related

Cite This Page — Counsel Stack