Holmes v. Selsky

Appellate Division of the Supreme Court of New York

Holmes v. Selsky

283 A.D.2d 754, 724 N.Y.S.2d 370, 2001 N.Y. App. Div. LEXIS 4842

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

DecidedMay 10, 2001

StatusPublished

Cited by4 cases

This text of 283 A.D.2d 754 (Holmes 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

Holmes v. Selsky, 283 A.D.2d 754, 724 N.Y.S.2d 370, 2001 N.Y. App. Div. LEXIS 4842 (N.Y. Ct. App. 2001).

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Opinion

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Ulster County) to review a determination of the Commissioner of Correctional Services which found petitioner 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 thereto have been expunged from petitioner’s institutional record. Inasmuch as petitioner has received all the relief to which he is entitled and is no longer aggrieved, the matter is dismissed as moot (see, Matter of Curtis v Goord, 274 AD2d 808; Matter of Maldonado v Miller, 259 AD2d 912).

Cardona, P. J., Mercure, Crew III, Peters and Mugglin, JJ., [755]*755concur. 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 Ulster County) to review a determination of the Commissioner of Correctional Services which found petitioner 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 thereto have been expunged from petitioner’s institutional record. Inasmuch as petitioner has received all the relief to which he is entitled and is no longer aggrieved, the matter is dismissed as moot (see, Matter of Curtis v Goord, 274 AD2d 808; Matter of Maldonado v Miller, 259 AD2d 912).

Cardona, P. J., Mercure, Crew III, Peters and Mugglin, JJ., [755]*755concur. Adjudged that the petition is dismissed, as moot, without costs.

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Bluebook (online)

283 A.D.2d 754, 724 N.Y.S.2d 370, 2001 N.Y. App. Div. LEXIS 4842, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holmes-v-selsky-nyappdiv-2001.

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