Scullark v. Selsky

Appellate Division of the Supreme Court of New York

Scullark v. Selsky

251 A.D.2d 737, 672 N.Y.S.2d 273, 1998 N.Y. App. Div. LEXIS 6476

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

DecidedJune 4, 1998

StatusPublished

This text of 251 A.D.2d 737 (Scullark 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

Scullark v. Selsky, 251 A.D.2d 737, 672 N.Y.S.2d 273, 1998 N.Y. App. Div. LEXIS 6476 (N.Y. Ct. App. 1998).

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Opinion

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Washington County) to review a determination of respondents which found petitioner guilty of violating a prison disciplinary rule.

The Attorney-General has advised this Court that the determination at issue has been administratively reversed and all references to the disciplinary hearing have been expunged from petitioner’s prison 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 Martin v Henderson, 159 AD2d 867).

Mikoll, J. P., Mercure, White, Spain and Graffeo, 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 Washington County) to review a determination of respondents which found petitioner guilty of violating a prison disciplinary rule.

The Attorney-General has advised this Court that the determination at issue has been administratively reversed and all references to the disciplinary hearing have been expunged from petitioner’s prison 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 Martin v Henderson, 159 AD2d 867).

Mikoll, J. P., Mercure, White, Spain and Graffeo, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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Bluebook (online)

251 A.D.2d 737, 672 N.Y.S.2d 273, 1998 N.Y. App. Div. LEXIS 6476, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scullark-v-selsky-nyappdiv-1998.

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