Robertson v. Bezio

Appellate Division of the Supreme Court of New York

Robertson v. Bezio

65 A.D.3d 771, 883 N.Y.S.2d 744

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

DecidedAugust 13, 2009

StatusPublished

Cited by1 cases

This text of 65 A.D.3d 771 (Robertson 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

Robertson v. Bezio, 65 A.D.3d 771, 883 N.Y.S.2d 744 (N.Y. Ct. App. 2009).

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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 certain prison disciplinary rules.

Petitioner, an inmate, commenced this CPLR article 78 proceeding seeking to annul a tier III disciplinary determination finding him guilty of violating prison disciplinary rules prohibiting assaults on other inmates and violent conduct. As the Attorney General has advised this Court that the determination at issue has been administratively reversed and all references thereto were expunged from petitioner’s institutional record, petitioner has already been afforded all of the relief to which he is entitled. This matter must therefore be dismissed as moot (see Matter of Gathers v Artus, 59 AD3d 795 [2009]; Matter of Arriaga v Smith, 55 AD3d 1115 [2008]).

Cardona, P.J., Spain, Lahtinen, Malone Jr. and Garry, 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 certain prison disciplinary rules.

Petitioner, an inmate, commenced this CPLR article 78 proceeding seeking to annul a tier III disciplinary determination finding him guilty of violating prison disciplinary rules prohibiting assaults on other inmates and violent conduct. As the Attorney General has advised this Court that the determination at issue has been administratively reversed and all references thereto were expunged from petitioner’s institutional record, petitioner has already been afforded all of the relief to which he is entitled. This matter must therefore be dismissed as moot (see Matter of Gathers v Artus, 59 AD3d 795 [2009]; Matter of Arriaga v Smith, 55 AD3d 1115 [2008]).

Cardona, P.J., Spain, Lahtinen, Malone Jr. and Garry, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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Bluebook (online)

65 A.D.3d 771, 883 N.Y.S.2d 744, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robertson-v-bezio-nyappdiv-2009.

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