Silva v. Walker

Appellate Division of the Supreme Court of New York

Silva v. Walker

245 A.D.2d 1115, 666 N.Y.S.2d 96, 1997 N.Y. App. Div. LEXIS 13927

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

DecidedDecember 31, 1997

StatusPublished

Cited by3 cases

This text of 245 A.D.2d 1115 (Silva v. Walker) 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

Silva v. Walker, 245 A.D.2d 1115, 666 N.Y.S.2d 96, 1997 N.Y. App. Div. LEXIS 13927 (N.Y. Ct. App. 1997).

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Opinion

—Petition unanimously dismissed without costs. Memorandum: Petitioner commenced this proceeding seeking to annul a determination that he violated inmate rule 100.13, prohibiting fighting (7 NYCRR 270.2 [B] [1] [iv]). After the proceeding was transferred to this Court pursuant to CPLR 7804 (g), respondent issued an administrative order reversing the determination and directing that all references to the disciplinary proceeding be expunged. Because petitioner has obtained the relief he seeks, this proceeding is dismissed as moot (see, Matter of Free v Coombe, 234 AD2d 996). (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Cayuga County, Corning, J.) Present—Law-ton, J. P., Hayes, Wisner, Callahan and Boehm, JJ.

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—Petition unanimously dismissed without costs. Memorandum: Petitioner commenced this proceeding seeking to annul a determination that he violated inmate rule 100.13, prohibiting fighting (7 NYCRR 270.2 [B] [1] [iv]). After the proceeding was transferred to this Court pursuant to CPLR 7804 (g), respondent issued an administrative order reversing the determination and directing that all references to the disciplinary proceeding be expunged. Because petitioner has obtained the relief he seeks, this proceeding is dismissed as moot (see, Matter of Free v Coombe, 234 AD2d 996). (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Cayuga County, Corning, J.) Present—Law-ton, J. P., Hayes, Wisner, Callahan and Boehm, JJ.

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Bluebook (online)

245 A.D.2d 1115, 666 N.Y.S.2d 96, 1997 N.Y. App. Div. LEXIS 13927, Counsel Stack Legal Research, https://law.counselstack.com/opinion/silva-v-walker-nyappdiv-1997.

Opinion

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