Eades v. Duncan

Appellate Division of the Supreme Court of New York

Eades v. Duncan

307 A.D.2d 503, 761 N.Y.S.2d 887, 2003 N.Y. App. Div. LEXIS 8061

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

DecidedJuly 10, 2003

StatusPublished

Cited by5 cases

This text of 307 A.D.2d 503 (Eades v. Duncan) 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

Eades v. Duncan, 307 A.D.2d 503, 761 N.Y.S.2d 887, 2003 N.Y. App. Div. LEXIS 8061 (N.Y. Ct. App. 2003).

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Opinion

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Washington County) to review a determination of the Commissioner of Correctional Services which withheld six months of petitioner’s good time allowance.

Petitioner challenges a decision of the Time Allowance Committee withholding six months of good time credit based upon his failure to participate in certain rehabilitative programs. The record establishes that petitioner was released from prison on May 19, 2003, rendering this proceeding moot (see Matter of Ferro v Luvera, 288 AD2d 735 [2001]).

Mercure, J.P., Spain, Carpinello, Lahtinen and Kane, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Washington County) to review a determination of the Commissioner of Correctional Services which withheld six months of petitioner’s good time allowance.

Petitioner challenges a decision of the Time Allowance Committee withholding six months of good time credit based upon his failure to participate in certain rehabilitative programs. The record establishes that petitioner was released from prison on May 19, 2003, rendering this proceeding moot (see Matter of Ferro v Luvera, 288 AD2d 735 [2001]).

Mercure, J.P., Spain, Carpinello, Lahtinen and Kane, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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Bluebook (online)

307 A.D.2d 503, 761 N.Y.S.2d 887, 2003 N.Y. App. Div. LEXIS 8061, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eades-v-duncan-nyappdiv-2003.

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