Thomas v. Selsky

Appellate Division of the Supreme Court of New York

Thomas v. Selsky

296 A.D.2d 694, 744 N.Y.S.2d 726, 2002 N.Y. App. Div. LEXIS 7378

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

DecidedJuly 11, 2002

StatusPublished

Cited by1 cases

This text of 296 A.D.2d 694 (Thomas 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

Thomas v. Selsky, 296 A.D.2d 694, 744 N.Y.S.2d 726, 2002 N.Y. App. Div. LEXIS 7378 (N.Y. Ct. App. 2002).

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Opinion

Appeal from a judgment of the Supreme Court (Cobb, J.), entered May 8, 2001 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Commissioner of Correctional Services finding petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this proceeding to obtain review of an administrative determination finding him guilty of violating the prison disciplinary rule that prohibits the unauthorized use of controlled substances. Supreme Court dismissed the petition following which petitioner filed this appeal. While his appeal was still pending before this Court, the determination of petitioner’s guilt was administratively reversed and all references to the charge or the previous disciplinary hearing were expunged from his institutional records. Inasmuch as petitioner has now received all the relief to which he is entitled and is no longer aggrieved, this appeal is dismissed as moot (see, Matter of Curtis v Goord, 274 AD2d 808; Matter of Maldonado v Miller, 259 AD2d 912).

Mercure, J.P., Crew III, Peters, Mugglin and Rose, JJ., [695]*695concur. Ordered that the appeal is dismissed, as moot, without costs.

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Appeal from a judgment of the Supreme Court (Cobb, J.), entered May 8, 2001 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Commissioner of Correctional Services finding petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this proceeding to obtain review of an administrative determination finding him guilty of violating the prison disciplinary rule that prohibits the unauthorized use of controlled substances. Supreme Court dismissed the petition following which petitioner filed this appeal. While his appeal was still pending before this Court, the determination of petitioner’s guilt was administratively reversed and all references to the charge or the previous disciplinary hearing were expunged from his institutional records. Inasmuch as petitioner has now received all the relief to which he is entitled and is no longer aggrieved, this appeal is dismissed as moot (see, Matter of Curtis v Goord, 274 AD2d 808; Matter of Maldonado v Miller, 259 AD2d 912).

Mercure, J.P., Crew III, Peters, Mugglin and Rose, JJ., [695]*695concur. Ordered that the appeal is dismissed, as moot, without costs.

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Bluebook (online)

296 A.D.2d 694, 744 N.Y.S.2d 726, 2002 N.Y. App. Div. LEXIS 7378, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-v-selsky-nyappdiv-2002.

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