Mays v. Portuondo

Appellate Division of the Supreme Court of New York

Mays v. Portuondo

277 A.D.2d 626, 716 N.Y.S.2d 624, 2000 N.Y. App. Div. LEXIS 11323

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

DecidedNovember 9, 2000

StatusPublished

This text of 277 A.D.2d 626 (Mays 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

Mays v. Portuondo, 277 A.D.2d 626, 716 N.Y.S.2d 624, 2000 N.Y. App. Div. LEXIS 11323 (N.Y. Ct. App. 2000).

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Opinion

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Ulster 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 by letter that the determination at issue has been administratively reversed and that all references to the disciplinary hearing have been expunged from petitioner’s institutional record. Inasmuch as petitioner has received all the relief to which he is entitled and is no longer aggrieved, the matter is dismissed as moot (see, Matter of Witherspoon v Goord, 243 AD2d 931).

Crew III, J. P., Peters, Spain, Carpinello 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 Ulster 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 by letter that the determination at issue has been administratively reversed and that all references to the disciplinary hearing have been expunged from petitioner’s institutional record. Inasmuch as petitioner has received all the relief to which he is entitled and is no longer aggrieved, the matter is dismissed as moot (see, Matter of Witherspoon v Goord, 243 AD2d 931).

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

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Bluebook (online)

277 A.D.2d 626, 716 N.Y.S.2d 624, 2000 N.Y. App. Div. LEXIS 11323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mays-v-portuondo-nyappdiv-2000.

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