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Matter of Gonzalez v. Mazzuca

Appellate Division of the Supreme Court of New York, Second Department
Oct 12, 1999
265 A.D.2d 411 (N.Y. App. Div. 1999)

Opinion

Submitted June 21, 1999

October 12, 1999

Proceeding pursuant to CPLR article 78 to review a determination of the respondent Superintendent of the Fishkill Correctional Facility, dated December 8, 1997, which confirmed a determination of a Hearing Officer dated December 5, 1997, made after a Tier II disciplinary hearing, finding that the petitioner violated institutional rules and imposing a penalty.


ADJUDGED that the petition is dismissed as academic, without costs or disbursements.

The Attorney General has advised this court that the determination at issue has been administratively reversed and all references to the disciplinary hearing have been expunged from the petitioner's institutional records. Inasmuch as the petitioner has received all of the relief to which he is entitled and is no longer aggrieved, the matter is dismissed as academic ( see, Matter of Palmer v. Goord, 248 A.D.2d 771; Matter of Free v. Coombe, 234 A.D.2d 996).

JOY, J.P., KRAUSMAN, H. MILLER, and FEUERSTEIN, JJ., concur.


Summaries of

Matter of Gonzalez v. Mazzuca

Appellate Division of the Supreme Court of New York, Second Department
Oct 12, 1999
265 A.D.2d 411 (N.Y. App. Div. 1999)
Case details for

Matter of Gonzalez v. Mazzuca

Case Details

Full title:In the MATTER OF MICHAEL GONZALEZ, Appellant, v. WILLIAM MAZZUCA, etc.…

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

Date published: Oct 12, 1999

Citations

265 A.D.2d 411 (N.Y. App. Div. 1999)
696 N.Y.S.2d 850

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