Nelson v. Portuondo

Appellate Division of the Supreme Court of New York

Nelson v. Portuondo

284 A.D.2d 785, 726 N.Y.S.2d 594, 2001 N.Y. App. Div. LEXIS 6646

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

DecidedJune 21, 2001

StatusPublished

This text of 284 A.D.2d 785 (Nelson 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

Nelson v. Portuondo, 284 A.D.2d 785, 726 N.Y.S.2d 594, 2001 N.Y. App. Div. LEXIS 6646 (N.Y. Ct. App. 2001).

Pincite

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 which found petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding to challenge a determination finding him guilty of violating the prison disciplinary rule against possessing contraband. The At[786]*786torney General has advised this Court by letter that the determination at issue has been administratively reversed and that all references thereto 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).

Cardona, P. J., Mercure, Peters, Carpinello and Mugglin, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs:

Free access — add to your briefcase to read the full text and ask questions with AI

—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 which found petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding to challenge a determination finding him guilty of violating the prison disciplinary rule against possessing contraband. The At[786]*786torney General has advised this Court by letter that the determination at issue has been administratively reversed and that all references thereto 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).

Cardona, P. J., Mercure, Peters, Carpinello and Mugglin, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs:

Cite This Page — Counsel Stack

Bluebook (online)

284 A.D.2d 785, 726 N.Y.S.2d 594, 2001 N.Y. App. Div. LEXIS 6646, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nelson-v-portuondo-nyappdiv-2001.

Opinion

Related

Cite This Page — Counsel Stack