Miranda v. Bezio

Appellate Division of the Supreme Court of New York

Miranda v. Bezio

84 A.D.3d 1661, 924 N.Y.S.2d 855

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

DecidedMay 26, 2011

StatusPublished

Cited by2 cases

This text of 84 A.D.3d 1661 (Miranda 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

Miranda v. Bezio, 84 A.D.3d 1661, 924 N.Y.S.2d 855 (N.Y. Ct. App. 2011).

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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 the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner, a prison inmate, was found guilty of tampering with property following a tier III disciplinary hearing. When that determination was administratively affirmed, petitioner commenced this CPLR article 78 proceeding. The Attorney General has informed this Court that, since this proceeding was commenced, the determination was administratively reversed and all references thereto have been expunged from petitioner’s institutional record. As petitioner has been granted all the relief to which he was entitled, this matter has been rendered moot (see Matter of Hynes v Fischer, 80 AD3d 1040, 1040-1041 [2011]; Matter of Rhodes v Smith, 78 AD3d 1391 [2010]).

Peters, J.P, Spain, Rose, Stein and McCarthy, 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 the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner, a prison inmate, was found guilty of tampering with property following a tier III disciplinary hearing. When that determination was administratively affirmed, petitioner commenced this CPLR article 78 proceeding. The Attorney General has informed this Court that, since this proceeding was commenced, the determination was administratively reversed and all references thereto have been expunged from petitioner’s institutional record. As petitioner has been granted all the relief to which he was entitled, this matter has been rendered moot (see Matter of Hynes v Fischer, 80 AD3d 1040, 1040-1041 [2011]; Matter of Rhodes v Smith, 78 AD3d 1391 [2010]).

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

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Bluebook (online)

84 A.D.3d 1661, 924 N.Y.S.2d 855, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miranda-v-bezio-nyappdiv-2011.

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