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In re Rivera

Appellate Division of the Supreme Court of New York, Third Department
Jun 24, 2010
74 A.D.3d 1679 (N.Y. App. Div. 2010)

Opinion

No. 508433.

June 24, 2010.

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.

Michael Rivera, Rome, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Frank Brady of counsel), for respondent.

Before: Mercure, J.P., Peters, Lahtinen, McCarthy and Garry, JJ.


Petitioner, a prison inmate, commenced this CPLR article 78 proceeding to challenge a determination finding him guilty of violating certain prison disciplinary rules. The Attorney General has advised this Court that the determination at issue has been administratively reversed and all references thereto have been expunged from petitioner's institutional record. Accordingly, this matter is dismissed as moot, inasmuch as petitioner has received all the relief to which he is entitled ( see Matter of Ortiz v Fischer, 71 AD3d 1244; Matter of Burse v Bezio, 69 AD3d 1068).

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


Summaries of

In re Rivera

Appellate Division of the Supreme Court of New York, Third Department
Jun 24, 2010
74 A.D.3d 1679 (N.Y. App. Div. 2010)
Case details for

In re Rivera

Case Details

Full title:In the Matter of MICHAEL RIVERA, Petitioner, v. NORMAN R. BEZIO, as…

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

Date published: Jun 24, 2010

Citations

74 A.D.3d 1679 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 5641
902 N.Y.S.2d 455