Pascal v. Coombe

Appellate Division of the Supreme Court of New York

Pascal v. Coombe

223 A.D.2d 908, 636 N.Y.S.2d 671, 1996 N.Y. App. Div. LEXIS 374

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

DecidedJanuary 18, 1996

StatusPublished

Cited by1 cases

This text of 223 A.D.2d 908 (Pascal v. Coombe) 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

Pascal v. Coombe, 223 A.D.2d 908, 636 N.Y.S.2d 671, 1996 N.Y. App. Div. LEXIS 374 (N.Y. Ct. App. 1996).

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Opinion

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany [909]*909County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner, a prison inmate, was found guilty of violating a prison disciplinary rule prohibiting inmates from possessing weapons after a sharpened metal object was recovered from his cell. While petitioner challenges this determination on a number of grounds, the subject determination has been annulled and expunged from petitioner’s record since the commencement of this CPLR article 78 proceeding. Accordingly, we find that the matter is moot and need not address the merits of petitioner’s claims.

Cardona, P. J., Mercure, White, Casey and Peters, 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 [909]*909County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner, a prison inmate, was found guilty of violating a prison disciplinary rule prohibiting inmates from possessing weapons after a sharpened metal object was recovered from his cell. While petitioner challenges this determination on a number of grounds, the subject determination has been annulled and expunged from petitioner’s record since the commencement of this CPLR article 78 proceeding. Accordingly, we find that the matter is moot and need not address the merits of petitioner’s claims.

Cardona, P. J., Mercure, White, Casey and Peters, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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Bluebook (online)

223 A.D.2d 908, 636 N.Y.S.2d 671, 1996 N.Y. App. Div. LEXIS 374, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pascal-v-coombe-nyappdiv-1996.

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