Rivera v. LeClair

Appellate Division of the Supreme Court of New York

Rivera v. LeClair

51 A.D.3d 1297, 856 N.Y.S.2d 899

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

DecidedMay 22, 2008

StatusPublished

This text of 51 A.D.3d 1297 (Rivera v. LeClair) 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

Rivera v. LeClair, 51 A.D.3d 1297, 856 N.Y.S.2d 899 (N.Y. Ct. App. 2008).

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Opinion

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Washington County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

Following a tier II disciplinary hearing, petitioner was found guilty of damaging state property. Petitioner exhausted his administrative remedies and then commenced this CPLR article 78 proceeding seeking annulment of the determination. This Court has been advised by the Attorney General that the determination in question has since been administratively reversed and all references thereto have been expunged from petitioner’s institutional record. Accordingly, petitioner has been afforded all of the relief to which he is entitled and this matter must be dismissed as moot (see Matter of Ward v Goord, 43 AD3d 1257 [2007]).

Cardona, P.J, Peters, Rose, Malone Jr. and Stein, 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 Washington County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

Following a tier II disciplinary hearing, petitioner was found guilty of damaging state property. Petitioner exhausted his administrative remedies and then commenced this CPLR article 78 proceeding seeking annulment of the determination. This Court has been advised by the Attorney General that the determination in question has since been administratively reversed and all references thereto have been expunged from petitioner’s institutional record. Accordingly, petitioner has been afforded all of the relief to which he is entitled and this matter must be dismissed as moot (see Matter of Ward v Goord, 43 AD3d 1257 [2007]).

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

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Bluebook (online)

51 A.D.3d 1297, 856 N.Y.S.2d 899, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rivera-v-leclair-nyappdiv-2008.

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