Mitchell v. Bell

Appellate Division of the Supreme Court of New York

Mitchell v. Bell

290 A.D.2d 874, 736 N.Y.S.2d 281, 2002 N.Y. App. Div. LEXIS 569

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

DecidedJanuary 24, 2002

StatusPublished

This text of 290 A.D.2d 874 (Mitchell v. Bell) 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

Mitchell v. Bell, 290 A.D.2d 874, 736 N.Y.S.2d 281, 2002 N.Y. App. Div. LEXIS 569 (N.Y. Ct. App. 2002).

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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 Superintendent of Upstate Correctional Facility which found petitioner guilty of violating certain prison disciplinary rules.

The Attorney General has advised this Court that the deter[875]*875mination at issue herein dated April 29, 2000 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 of the relief to which he is entitled and is no longer aggrieved, the matter is dismissed as moot (see, Matter of Curtis v Goord, 274 AD2d 808; Matter of Maldonado v Miller, 259 AD2d 912).

Crew III, J.P., Peters, 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 the Superintendent of Upstate Correctional Facility which found petitioner guilty of violating certain prison disciplinary rules.

The Attorney General has advised this Court that the deter[875]*875mination at issue herein dated April 29, 2000 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 of the relief to which he is entitled and is no longer aggrieved, the matter is dismissed as moot (see, Matter of Curtis v Goord, 274 AD2d 808; Matter of Maldonado v Miller, 259 AD2d 912).

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

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Bluebook (online)

290 A.D.2d 874, 736 N.Y.S.2d 281, 2002 N.Y. App. Div. LEXIS 569, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchell-v-bell-nyappdiv-2002.

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