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In re Medina

Appellate Division of the Supreme Court of New York, Third Department
Nov 12, 2009
67 A.D.3d 1194 (N.Y. App. Div. 2009)

Opinion

No. 507023.

November 12, 2009.

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

Victor Medina, Marcy, petitioner pro se.

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

Before: Mercure, J.P., Peters, Spain, Lahtinen and Kavanagh, JJ., concur.


Petitioner commenced this CPLR article 78 proceeding challenging a determination, rendered after a tier II disciplinary hearing, finding him guilty of fighting. The Attorney General has advised this Court that such determination has since been administratively reversed and all references thereto have been expunged from petitioner's institutional record. In view of this, and given that petitioner has received all the relief to which he is entitled, the matter is dismissed as moot ( see Matter of Covington v Smith, 61 AD3d 1187; Matter of Williams v Fischer, 60 AD3d 1229).

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


Summaries of

In re Medina

Appellate Division of the Supreme Court of New York, Third Department
Nov 12, 2009
67 A.D.3d 1194 (N.Y. App. Div. 2009)
Case details for

In re Medina

Case Details

Full title:In the Matter of VICTOR MEDINA, Petitioner, v. WILLIAM R. LAPE, as…

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

Date published: Nov 12, 2009

Citations

67 A.D.3d 1194 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 8132
887 N.Y.S.2d 871