Gaston v. Selsky

Appellate Division of the Supreme Court of New York

Gaston v. Selsky

49 A.D.3d 1111, 856 N.Y.2d 892

Appellate Division of the Supreme Court of the State of New York·Decided March 27, 2008·Published·Cited by 1 cases

Opinion

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination finding him guilty of illicit drug use. The Attorney General has advised this Court that the determination in question has since been administratively reversed and all references thereto have been expunged from petitioner’s institutional record. Consequently, petitioner has been afforded all of the relief to which he is entitled and this matter must be dismissed as moot (see Matter of Rodriguez v Leclaire, 44 AD3d 1205, 1206 [2007]).

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

Free access — add to your briefcase to read the full text and ask questions with AI

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination finding him guilty of illicit drug use. The Attorney General has advised this Court that the determination in question has since been administratively reversed and all references thereto have been expunged from petitioner’s institutional record. Consequently, petitioner has been afforded all of the relief to which he is entitled and this matter must be dismissed as moot (see Matter of Rodriguez v Leclaire, 44 AD3d 1205, 1206 [2007]).

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

Gaston v. Selsky, 49 A.D.3d 1111, 856 N.Y.2d 892 (N.Y. Ct. App. 2008).

Pincite

49 A.D.3d 1111 (Gaston v. Selsky) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related