Mendez v. Bezio

Appellate Division of the Supreme Court of New York

Mendez v. Bezio

73 A.D.3d 1368, 900 N.Y.S.2d 694

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

DecidedMay 20, 2010

StatusPublished

This text of 73 A.D.3d 1368 (Mendez 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

Mendez v. Bezio, 73 A.D.3d 1368, 900 N.Y.S.2d 694 (N.Y. Ct. App. 2010).

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Opinion

pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Chemung County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, an inmate, commenced this proceeding seeking to annul a tier III disciplinary determination finding him guilty of refusing a direct order and an urinalysis testing violation. 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. As petitioner has received all the relief to which he is entitled, this matter is dismissed as moot (see Matter of Burse v Bezio, 69 AD3d 1068 [2010]).

[1369]*1369Cardona, P.J., Peters, Rose, Kavanagh and McCarthy, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Chemung County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, an inmate, commenced this proceeding seeking to annul a tier III disciplinary determination finding him guilty of refusing a direct order and an urinalysis testing violation. 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. As petitioner has received all the relief to which he is entitled, this matter is dismissed as moot (see Matter of Burse v Bezio, 69 AD3d 1068 [2010]).

[1369]*1369Cardona, P.J., Peters, Rose, Kavanagh and McCarthy, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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Bluebook (online)

73 A.D.3d 1368, 900 N.Y.S.2d 694, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mendez-v-bezio-nyappdiv-2010.

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