Cliff v. Senkowski

Appellate Division of the Supreme Court of New York

Cliff v. Senkowski

227 A.D.2d 752, 642 N.Y.S.2d 567, 1996 N.Y. App. Div. LEXIS 4994

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 9, 1996

StatusPublished

Cited by1 cases

This text of 227 A.D.2d 752 (Cliff v. Senkowski) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cliff v. Senkowski, 227 A.D.2d 752, 642 N.Y.S.2d 567, 1996 N.Y. App. Div. LEXIS 4994 (N.Y. Ct. App. 1996).

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Opinion

Appeal from a judgment of the Supreme Court (Lewis, J.), entered June 30, 1995 in Clinton County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the proceeding as moot.

Petitioner commenced this CPLR article 78 proceeding to challenge an administrative determination made after a prison disciplinary proceeding. Respondents subsequently reversed the determination and directed that the disciplinary proceeding be expunged from petitioner’s records. As a result, Supreme Court dismissed the petition as moot. Petitioner appeals, arguing that respondents did not have jurisdiction to reverse the determination and that he was deprived of due process. We find these claims to be conclusory and without merit. Accordingly, Supreme Court’s judgment dismissing the petition is affirmed.

Cardona, P. J., Mercure, Crew III, Casey and Spain, JJ., concur. Ordered that the judgment is affirmed, without costs.

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Appeal from a judgment of the Supreme Court (Lewis, J.), entered June 30, 1995 in Clinton County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the proceeding as moot.

Petitioner commenced this CPLR article 78 proceeding to challenge an administrative determination made after a prison disciplinary proceeding. Respondents subsequently reversed the determination and directed that the disciplinary proceeding be expunged from petitioner’s records. As a result, Supreme Court dismissed the petition as moot. Petitioner appeals, arguing that respondents did not have jurisdiction to reverse the determination and that he was deprived of due process. We find these claims to be conclusory and without merit. Accordingly, Supreme Court’s judgment dismissing the petition is affirmed.

Cardona, P. J., Mercure, Crew III, Casey and Spain, JJ., concur. Ordered that the judgment is affirmed, without costs.

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Bluebook (online)

227 A.D.2d 752, 642 N.Y.S.2d 567, 1996 N.Y. App. Div. LEXIS 4994, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cliff-v-senkowski-nyappdiv-1996.

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