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In re William Ortiz

Appellate Division of the Supreme Court of New York, Third Department
May 19, 2011
84 A.D.3d 1605 (N.Y. App. Div. 2011)

Opinion

No. 510519.

May 19, 2011.

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.

William Ortiz, Romulus, petitioner pro se.

Eric T. Schneiderman, Attorney General, Albany, (Frank Brady of counsel), for respondent.

Before: Mercure, J.P., Rose, Malone Jr., Kavanagh and McCarthy, JJ.


Petitioner commenced this CPLR article 78 challenging a determination finding him guilty of violating a number of prison disciplinary rules. The Attorney General has advised this Court that the determination has been administratively reversed and all references thereto have been expunged from petitioner's disciplinary record. Accordingly, given that petitioner has received all the relief to which he is entitled, the matter is dismissed as moot ( see Matter of Brown v Fischer, 77 AD3d 1004, 1005; Matter of Harrison v Bezio, 77 AD3d 1000).

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


Summaries of

In re William Ortiz

Appellate Division of the Supreme Court of New York, Third Department
May 19, 2011
84 A.D.3d 1605 (N.Y. App. Div. 2011)
Case details for

In re William Ortiz

Case Details

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

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

Date published: May 19, 2011

Citations

84 A.D.3d 1605 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 4133
922 N.Y.S.2d 822

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Applegate v. Fischer

Initially, the Attorney General has informed this Court that the disciplinary determination at issue has been…