Simmonds v. Selsky

Appellate Division of the Supreme Court of New York

Simmonds v. Selsky

21 A.D.3d 1166, 801 N.Y.S.2d 87

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

DecidedSeptember 15, 2005

StatusPublished

Cited by1 cases

This text of 21 A.D.3d 1166 (Simmonds 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

Simmonds v. Selsky, 21 A.D.3d 1166, 801 N.Y.S.2d 87 (N.Y. Ct. App. 2005).

Pincite

Opinion

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

Petitioner commenced this CPLR article 78 proceeding to challenge a determination finding him guilty of violating the prison disciplinary rule that prohibits the unauthorized use of a controlled substance. The Attorney General has advised this Court that the determination at issue has been administratively reversed and all references thereto expunged from petitioner’s institutional 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 Hyde v Selsky, 16 AD3d 799 [2005]).

Cardona, P.J., Crew III, Spain, Rose and Lahtinen, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $50.

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

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

Petitioner commenced this CPLR article 78 proceeding to challenge a determination finding him guilty of violating the prison disciplinary rule that prohibits the unauthorized use of a controlled substance. The Attorney General has advised this Court that the determination at issue has been administratively reversed and all references thereto expunged from petitioner’s institutional 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 Hyde v Selsky, 16 AD3d 799 [2005]).

Cardona, P.J., Crew III, Spain, Rose and Lahtinen, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $50.

Cite This Page — Counsel Stack

Bluebook (online)

21 A.D.3d 1166, 801 N.Y.S.2d 87, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simmonds-v-selsky-nyappdiv-2005.

Opinion

Related

Cite This Page — Counsel Stack