AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Judges

In the Matter of ERNESTO ABREU, Appellant, v. LOUIS MANN, as Superintendent of Shawangunk Correctional Facility, et al., Respondents.

Harvey, J.

Following a Superintendent's hearing, petitioner was found guilty of violating certain institutional rules and a penalty was imposed. Petitioner's administrative appeal of this determination was unsuccessful. Petitioner then commenced this CPLR article 78 proceeding alleging certain procedural deficiencies in the Superintendent's hearing. Supreme Court dismissed the petition on its merits and this appeal by petitioner ensued.

Notably, during the pendency of this appeal, the determination which is the subject of this proceeding was administratively reversed and the matter was expunged from petitioner's records. Since petitioner has therefore already received all the relief this court could grant, the proceeding must be dismissed as moot (see, Matter of Adams v LeFevre, 135 A.D.2d 1054; Matter of Gonzalez v Jones, 115 A.D.2d 849).

Appeal dismissed, as moot, without costs. Mahoney, P.J., Kane, Mikoll, Yesawich, Jr., and Harvey, JJ., concur.

Use AI to get other relevant cases.

Comments

MATTER OF ABREU v. MANN
(May 11, 1989)