Appellate Division of the Supreme Court of New York, 2002

Majid v. Portuondo

Appellate Division of the Supreme Court of New York · Decided July 11, 2002

296 A.D.2d 697; 744 N.Y.S.2d 726; 2002 N.Y. App. Div. LEXIS 7334

Cases that cite this one

1 later published case cites this decision.

Duryee v. New York State Department of Correctional Services (Appellate Division of the Supreme Court of New York 2005)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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 respondent which found petitioner guilty of violating a prison disciplinary rule.

Following a tier II disciplinary hearing, petitioner was found guilty of violating facility correspondence procedures. He commenced this CPLR article 78 proceeding challenging this determination. Since the determination was rendered, it has been administratively reversed and all references to the charge and the hearing have been expunged from petitioner’s institutional records. Insofar as petitioner has received all the relief to which he is entitled and is no longer aggrieved, the petition is dismissed as moot (see, Matter of Curtis v Goord, 274 AD2d 808; Matter of Maldonado v Miller, 259 AD2d 912).

Mercure, J.P., Crew III, Carpinello, Mugglin and Rose, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.