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

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

DecidedMarch 27, 2008

StatusPublished

Cited by1 cases

This text of 49 A.D.3d 1111 (Gaston v. Selsky) 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

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

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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.

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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.

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Bluebook (online)

49 A.D.3d 1111, 856 N.Y.2d 892, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gaston-v-selsky-nyappdiv-2008.

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