Rondon v. Selsky

Appellate Division of the Supreme Court of New York

Rondon v. Selsky

49 A.D.3d 990, 852 N.Y.2d 811

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

DecidedMarch 13, 2008

StatusPublished

This text of 49 A.D.3d 990 (Rondon 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

Rondon v. Selsky, 49 A.D.3d 990, 852 N.Y.2d 811 (N.Y. Ct. App. 2008).

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Opinion

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination finding him guilty of possession of alcohol. The Attorney General has advised this Court that the determination in issue has been administratively reversed, all references thereto have been expunged from petitioner’s institutional record and the mandatory $5 surcharge has been refunded to petitioner. Accordingly, inasmuch as petitioner has been afforded all of the relief to which he is entitled, the matter is dismissed as moot (see Matter of Thorpe v Goord, 43 AD3d 1258, 1258 [2007]).

[991]*991Mercure, J.P., Spain, Rose, Lahtinen and Kavanagh, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination finding him guilty of possession of alcohol. The Attorney General has advised this Court that the determination in issue has been administratively reversed, all references thereto have been expunged from petitioner’s institutional record and the mandatory $5 surcharge has been refunded to petitioner. Accordingly, inasmuch as petitioner has been afforded all of the relief to which he is entitled, the matter is dismissed as moot (see Matter of Thorpe v Goord, 43 AD3d 1258, 1258 [2007]).

[991]*991Mercure, J.P., Spain, Rose, Lahtinen and Kavanagh, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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Bluebook (online)

49 A.D.3d 990, 852 N.Y.2d 811, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rondon-v-selsky-nyappdiv-2008.

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