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Abreu v. Bezio

Appellate Division of the Supreme Court of New York, Third Department
Jul 23, 2009
64 A.D.3d 1061 (N.Y. App. Div. 2009)

Opinion

No. 505770.

July 23, 2009.

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.

Carlos Abreu, Attica, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondents.

Before: Cardona, P.J., Spain, Kane, Malone Jr. and Stein, JJ., concur.


Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating a prison disciplinary rule. The Attorney General has advised this Court that the determination at issue has been administratively reversed and that all references thereto have been expunged from petitioner's institutional record. Consequently, petitioner has received all the relief to which he is entitled and this proceeding is dismissed as moot ( see Matter of Molano v Bezio, 60 AD3d 1233, 1234).

Adjudged that the petition is dismissed, as moot, without costs.


Summaries of

Abreu v. Bezio

Appellate Division of the Supreme Court of New York, Third Department
Jul 23, 2009
64 A.D.3d 1061 (N.Y. App. Div. 2009)
Case details for

Abreu v. Bezio

Case Details

Full title:In the Matter of CARLOS ABREU, Petitioner, v. NORMAN R. BEZIO, as Director…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jul 23, 2009

Citations

64 A.D.3d 1061 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 5925
881 N.Y.S.2d 921