Jackson v. Portuondo

Appellate Division of the Supreme Court of New York

Jackson v. Portuondo

281 A.D.2d 737, 721 N.Y.S.2d 574, 2001 N.Y. App. Div. LEXIS 2304

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

DecidedMarch 8, 2001

StatusPublished

Cited by2 cases

This text of 281 A.D.2d 737 (Jackson v. Portuondo) 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

Jackson v. Portuondo, 281 A.D.2d 737, 721 N.Y.S.2d 574, 2001 N.Y. App. Div. LEXIS 2304 (N.Y. Ct. App. 2001).

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Opinion

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Superintendent of Shawangunk Correctional Facility which found petitioner guilty of violating a prison disciplinary rule.

The Attorney General has advised this Court that the determination at issue has been administratively reversed and that all references to the disciplinary hearing will be expunged from petitioner’s institutional record. Inasmuch as petitioner has received all of the relief to which he is entitled and is no longer aggrieved, the matter is dismissed as moot (see, Matter of Vargas v Goord, 271 AD2d 729).

Mercure, J. P., Crew III, Spain, Rose and Lahtinen, 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 Albany County) to review a determination of respondent Superintendent of Shawangunk Correctional Facility which found petitioner guilty of violating a prison disciplinary rule.

The Attorney General has advised this Court that the determination at issue has been administratively reversed and that all references to the disciplinary hearing will be expunged from petitioner’s institutional record. Inasmuch as petitioner has received all of the relief to which he is entitled and is no longer aggrieved, the matter is dismissed as moot (see, Matter of Vargas v Goord, 271 AD2d 729).

Mercure, J. P., Crew III, Spain, Rose and Lahtinen, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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Bluebook (online)

281 A.D.2d 737, 721 N.Y.S.2d 574, 2001 N.Y. App. Div. LEXIS 2304, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-portuondo-nyappdiv-2001.

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