McCants v. Claire

Appellate Division of the Supreme Court of New York

McCants v. Claire

14 A.D.3d 736, 786 N.Y.S.2d 746, 2005 N.Y. App. Div. LEXIS 59

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

DecidedJanuary 6, 2005

StatusPublished

Cited by4 cases

This text of 14 A.D.3d 736 (McCants v. Claire) 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

McCants v. Claire, 14 A.D.3d 736, 786 N.Y.S.2d 746, 2005 N.Y. App. Div. LEXIS 59 (N.Y. Ct. App. 2005).

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Opinion

Appeal from a judgment of the Supreme Court (Lamont, J.), entered July 29, 2002 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondents denying his grievance.

Petitioner, while an inmate, commenced this CPLR article 78 proceeding challenging the denial of a grievance addressing the use of night lights in his cell. Inasmuch as petitioner has been released from prison, his challenge to the denial of his grievance is rendered moot (see Matter of La Tour v New York State Dept. of Correctional Servs. Cent. Off. Review Comm., 5 AD3d 890, 891 [2004]).

Spain, J.P., Mugglin, Rose, Lahtinen and Kane, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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Appeal from a judgment of the Supreme Court (Lamont, J.), entered July 29, 2002 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondents denying his grievance.

Petitioner, while an inmate, commenced this CPLR article 78 proceeding challenging the denial of a grievance addressing the use of night lights in his cell. Inasmuch as petitioner has been released from prison, his challenge to the denial of his grievance is rendered moot (see Matter of La Tour v New York State Dept. of Correctional Servs. Cent. Off. Review Comm., 5 AD3d 890, 891 [2004]).

Spain, J.P., Mugglin, Rose, Lahtinen and Kane, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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Bluebook (online)

14 A.D.3d 736, 786 N.Y.S.2d 746, 2005 N.Y. App. Div. LEXIS 59, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccants-v-claire-nyappdiv-2005.

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