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Burse v. Bezio

State of New York Supreme Court, Appellate Division Third Judicial Department


January 14, 2010

IN THE MATTER OF RAY BURSE, PETITIONER,
v.
NORMAN BEZIO, AS DIRECTOR OF SPECIAL HOUSING AND INMATE DISCIPLINARY PROGRAMS, RESPONDENT.

MEMORANDUM AND JUDGMENT

Calendar Date: November 4, 2009

Before: Cardona, P.J., Peters, Lahtinen, Kavanagh and Garry, JJ.

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.

Petitioner, an inmate, commenced this CPLR article proceeding seeking to annul a tier III disciplinary determination which found him guilty of possessing a controlled substance. The Attorney General has advised this Court that the determination at issue has been administratively reversed and all references thereto have been expunged from petitioner's institutional record. Accordingly, petitioner has received all the relief to which he is entitled and this matter is therefore moot (see Matter of Hart v Fischer, 60 AD3d 1226, 1226 [2009]).

Cardona, P.J., Peters, Lahtinen, Kavanagh and Garry, JJ., concur.

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

20100114

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