From Casetext: Smarter Legal Research

Matter of Mays v. Portuondo

Appellate Division of the Supreme Court of New York, Third Department
Nov 9, 2000
277 A.D.2d 626 (N.Y. App. Div. 2000)

Opinion

November 9, 2000.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Ulster County) to review a determination of respondent Superintendent of Shawangunk Correctional Facility which found petitioner guilty of violating a prison disciplinary rule.

Michael Mays, Wallkill, petitioner in person.

Eliot Spitzer, Attorney-General (Wayne L. Benjamin of counsel), Albany, for respondents.

Before: Crew III, J.P., Peters, Spain, Carpinello and Lahtinen, JJ.


MEMORANDUM AND JUDGMENT

The Attorney-General has advised this Court by letter that the determination at issue has been administratively reversed and that all references to the disciplinary hearing have been expunged from petitioner's institutional record. Inasmuch as petitioner has received all the relief to which he is entitled and is no longer aggrieved, the matter is dismissed as moot (see, Matter of Witherspoon v. Goord, 243 A.D.2d 931).

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


Summaries of

Matter of Mays v. Portuondo

Appellate Division of the Supreme Court of New York, Third Department
Nov 9, 2000
277 A.D.2d 626 (N.Y. App. Div. 2000)
Case details for

Matter of Mays v. Portuondo

Case Details

Full title:In the Matter of MICHAEL MAYS, Petitioner, v. LEONARD PORTUONDO, as…

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

Date published: Nov 9, 2000

Citations

277 A.D.2d 626 (N.Y. App. Div. 2000)
716 N.Y.S.2d 624