Harrison v. Selsky

Appellate Division of the Supreme Court of New York

Harrison v. Selsky

256 A.D.2d 706, 680 N.Y.S.2d 881, 1998 N.Y. App. Div. LEXIS 13020

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

DecidedDecember 3, 1998

StatusPublished

This text of 256 A.D.2d 706 (Harrison 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

Harrison v. Selsky, 256 A.D.2d 706, 680 N.Y.S.2d 881, 1998 N.Y. App. Div. LEXIS 13020 (N.Y. Ct. App. 1998).

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Opinion

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging the determination finding him guilty of violating certain prison disciplinary rules. The Attorney-General has advised this Court by letter that the determination at issue has been administratively reversed and all references to the disciplinary hearing will be expunged from petitioner’s institutional record. Inasmuch as petitioner has received all the relief to which he is entitled, the matter is dismissed as moot (see, Matter of Witherspoon v Goord, 243 AD2d 931).

Mercure, J. P., Yesawich Jr., Peters, Carpinello and Graffeo, 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 Albany County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging the determination finding him guilty of violating certain prison disciplinary rules. The Attorney-General has advised this Court by letter that the determination at issue has been administratively reversed and all references to the disciplinary hearing will be expunged from petitioner’s institutional record. Inasmuch as petitioner has received all the relief to which he is entitled, the matter is dismissed as moot (see, Matter of Witherspoon v Goord, 243 AD2d 931).

Mercure, J. P., Yesawich Jr., Peters, Carpinello and Graffeo, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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Bluebook (online)

256 A.D.2d 706, 680 N.Y.S.2d 881, 1998 N.Y. App. Div. LEXIS 13020, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harrison-v-selsky-nyappdiv-1998.

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