Huston v. Bezio, 87 A.D.3d 781 (N.Y. App. Div. 2011). · Go Syfert
Huston v. Bezio, 87 A.D.3d 781 (N.Y. App. Div. 2011). Cases Citing This Book View Copy Cite
5 citation events (5 in the last 25 years) across 1 distinct court.
Strongest positive: In re the Claim of King (nyappdiv, 2013-06-13)
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) In re the Claim of King
N.Y. App. Div. · 2013 · confidence medium
Finally, “inasmuch as claimant inaccurately represented when applying for benefits that she left her job due to a lack of work” (Matter of Powell [Commissioner of Labor], 79 AD3d 1507, 1508 [2010], lv denied 17 NY3d 701 [2011]), we find no basis to disturb the Board’s imposition of a recoverable overpayment of benefits and a forfeiture of eight effective days (see Matter of Monserrate [Commissioner of Labor], 102 AD3d 1046 , 1048 [2013]; Matter of Dougal [Commissioner of Labor], 87 AD3d 781, 782 [2011]).
discussed Cited as authority (rule) In re the Claim of King
N.Y. App. Div. · 2013 · confidence medium
Finally, “inasmuch as claimant inaccurately represented when applying for benefits that she left her job due to a lack of work” (Matter of Powell [Commissioner of Labor], 79 AD3d 1507, 1508 [2010], lv denied 17 NY3d 701 [2011]), we find no basis to disturb the Board’s imposition of a recoverable overpayment of benefits and a forfeiture of eight effective days (see Matter of Monserrate [Commissioner of Labor], 102 AD3d 1046 , 1048 [2013]; Matter of Dougal [Commissioner of Labor], 87 AD3d 781, 782 [2011]).
discussed Cited "see" Matter of Brown (Commr. of Labor) (2×)
N.Y. App. Div. · 2017 · signal: see · confidence high
It is well established that “once the terms of employment have been agreed upon, such terms cannot thereafter be invoked as valid grounds for quitting” (Matter of Orlik [Commissioner of Labor], 257 AD2d 837, 837 [1999]; see Matter of Dougal [Commissioner of Labor], 87 AD3d 781, 782 [2011]).
Retrieving the full opinion text from the archive…
In the Matter of Carlo Huston
v.
Norman Bezio, as Director of Special Housing and Inmate Disciplinary Programs
Appellate Division of the Supreme Court of the State of New York.
Aug 4, 2011.
87 A.D.3d 781
Cited by 1 opinion  |  Published

Petitioner commenced this CPLR article 78 proceeding seeking to annul a determination finding him guilty of smuggling and possession of an unauthorized mess hall container in violation of prison disciplinary rules. The Attorney General has advised this Court that the determination at issue has been administratively reversed and all references thereto expunged from petitioner’s institutional record. As a result, and inasmuch as “inmates have no statutory or constitutional right to their prior housing or programming status,” petitioner has received all the relief to which he is entitled (Matter of Jackson v Coughlin, 199 AD2d 704 [1993]; accord Matter of Mercer v Artus, 70 AD3d 1073, 1073-1074 [2010]; see Matter of Correnti v Leclaire, 52 AD3d 1153 [2008]). Accordingly, this proceeding is dismissed as moot.

Peters, J.P, Spain, Rose, Stein and McCarthy, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.