Montalvo v. Selsky

Appellate Division of the Supreme Court of New York

Montalvo v. Selsky

219 A.D.2d 752, 631 N.Y.S.2d 547, 1995 N.Y. App. Div. LEXIS 9190

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

DecidedSeptember 7, 1995

StatusPublished

Cited by2 cases

This text of 219 A.D.2d 752 (Montalvo 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

Montalvo v. Selsky, 219 A.D.2d 752, 631 N.Y.S.2d 547, 1995 N.Y. App. Div. LEXIS 9190 (N.Y. Ct. App. 1995).

Pincite

Opinion

Appeal from a judgment of the Supreme Court (Kane, J.), entered December 16, 1994 in Sullivan County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, as moot.

As a result of certain disciplinary infractions respondents withheld good-time credit from petitioner, thereby delaying the date of his release from prison. Petitioner challenged this administrative determination on due process grounds. Supreme Court, noting that defects in the prior hearing had been remedied by a new hearing, dismissed the petition as moot. Inasmuch as it appears that petitioner was released from prison in March 1995, we need not address the propriety of Supreme Court’s disposition and find that his appeal is now moot.

Cardona, P. J., Mercure, Casey, Yesawich Jr. and Spain, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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

Appeal from a judgment of the Supreme Court (Kane, J.), entered December 16, 1994 in Sullivan County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, as moot.

As a result of certain disciplinary infractions respondents withheld good-time credit from petitioner, thereby delaying the date of his release from prison. Petitioner challenged this administrative determination on due process grounds. Supreme Court, noting that defects in the prior hearing had been remedied by a new hearing, dismissed the petition as moot. Inasmuch as it appears that petitioner was released from prison in March 1995, we need not address the propriety of Supreme Court’s disposition and find that his appeal is now moot.

Cardona, P. J., Mercure, Casey, Yesawich Jr. and Spain, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

Cite This Page — Counsel Stack

Bluebook (online)

219 A.D.2d 752, 631 N.Y.S.2d 547, 1995 N.Y. App. Div. LEXIS 9190, Counsel Stack Legal Research, https://law.counselstack.com/opinion/montalvo-v-selsky-nyappdiv-1995.

Opinion

Related

Cite This Page — Counsel Stack