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Miranda v. Bezio

Appellate Division of the Supreme Court of New York, Third Department
May 26, 2011
84 A.D.3d 1661 (N.Y. App. Div. 2011)

Opinion

No. 510826.

May 26, 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 a prison disciplinary rule.

Javier Miranda, Napanoch, petitioner pro se.

Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.

Before: Peters, J.P., Spain, Rose, Stein and McCarthy, JJ.


Petitioner, a prison inmate, was found guilty of tampering with property following a tier III disciplinary hearing. When that determination was administratively affirmed, petitioner commenced this CPLR article 78 proceeding. The Attorney General has informed this Court that, since this proceeding was commenced, the determination was administratively reversed and all references thereto have been expunged from petitioner's institutional record. As petitioner has been granted all the relief to which he was entitled, this matter has been rendered moot ( see Matter of Hynes v Fischer, 80 AD3d 1040, 1040-1041; Matter of Rhodes v Smith, 78 AD3d 1391).

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


Summaries of

Miranda v. Bezio

Appellate Division of the Supreme Court of New York, Third Department
May 26, 2011
84 A.D.3d 1661 (N.Y. App. Div. 2011)
Case details for

Miranda v. Bezio

Case Details

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

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

Date published: May 26, 2011

Citations

84 A.D.3d 1661 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 4335
924 N.Y.S.2d 855

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