From Casetext: Smarter Legal Research

Ames v. Gutwein

Appellate Division of the Supreme Court of New York, Third Department
Sep 30, 2010
76 A.D.3d 1163 (N.Y. App. Div. 2010)

Opinion

No. 509013.

September 30, 2010.

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 the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Douglas Ames, Coxsackie, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (William E. Storrs of counsel), for respondents.

Before: Mercure, J.P., Rose, Malone Jr., Stein and Egan Jr., JJ.


Following a tier III disciplinary hearing, petitioner was found guilty of violating certain prison disciplinary rules, and this CPLR article 78 proceeding ensued. The Attorney General advises this Court that the determination has since been administratively reversed and all references thereto expunged from petitioner's disciplinary record; thus, this proceeding is dismissed as moot ( see Matter of Keesh v Fischer, 73 AD3d 1301).

Adjudged that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $25.


Summaries of

Ames v. Gutwein

Appellate Division of the Supreme Court of New York, Third Department
Sep 30, 2010
76 A.D.3d 1163 (N.Y. App. Div. 2010)
Case details for

Ames v. Gutwein

Case Details

Full title:In the Matter of DOUGLAS AMES, Petitioner, v. ERIC GUTWEIN, as Hearing…

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

Date published: Sep 30, 2010

Citations

76 A.D.3d 1163 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 6746
907 N.Y.S.2d 727

Citing Cases

Mitchell v. Fischer

Petitioner commenced this proceeding challenging a tier III prison disciplinary determination finding him…