Wilson v. New York State Department of Correctional Services

Appellate Division of the Supreme Court of New York

Wilson v. New York State Department of Correctional Services

43 A.D.3d 1227, 841 N.Y.S.2d 414

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

DecidedSeptember 13, 2007

StatusPublished

Cited by1 cases

This text of 43 A.D.3d 1227 (Wilson v. New York State Department of Correctional Services) 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

Wilson v. New York State Department of Correctional Services, 43 A.D.3d 1227, 841 N.Y.S.2d 414 (N.Y. Ct. App. 2007).

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Opinion

Appeal from a judgment of the Supreme Court (Ceresia, Jr., J.), entered January 25, 2007 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Central Office Review Committee denying his grievance.

In 2001, petitioner was convicted of assault in the first degree and criminal possession of marihuana in the first degree and was sentenced, respectively, to concurrent prison terms of 18 years and 5 to 15 years. After he was remanded to the custody of respondent, a five-year term of postrelease supervision was added to his sentence. Petitioner filed a grievance challenging this action, which was ultimately denied by the Central Office Review Committee. He then commenced this CPLR article 78 proceeding. Following joinder of issue, Supreme Court dismissed the proceeding and this appeal ensued.

The Attorney General has advised this Court by letter that, since the commencement of this proceeding, respondent has removed the five-year period of postrelease supervision that was added to petitioner’s sentence. Given that petitioner has received all the relief to which he is entitled, the appeal is dismissed as moot (see Matter of Singh v Eagen, 19 AD3d 848 [2005]).

Cardona, PJ., Mercure, Peters, Rose and Kane, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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Appeal from a judgment of the Supreme Court (Ceresia, Jr., J.), entered January 25, 2007 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Central Office Review Committee denying his grievance.

In 2001, petitioner was convicted of assault in the first degree and criminal possession of marihuana in the first degree and was sentenced, respectively, to concurrent prison terms of 18 years and 5 to 15 years. After he was remanded to the custody of respondent, a five-year term of postrelease supervision was added to his sentence. Petitioner filed a grievance challenging this action, which was ultimately denied by the Central Office Review Committee. He then commenced this CPLR article 78 proceeding. Following joinder of issue, Supreme Court dismissed the proceeding and this appeal ensued.

The Attorney General has advised this Court by letter that, since the commencement of this proceeding, respondent has removed the five-year period of postrelease supervision that was added to petitioner’s sentence. Given that petitioner has received all the relief to which he is entitled, the appeal is dismissed as moot (see Matter of Singh v Eagen, 19 AD3d 848 [2005]).

Cardona, PJ., Mercure, Peters, Rose and Kane, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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Bluebook (online)

43 A.D.3d 1227, 841 N.Y.S.2d 414, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-new-york-state-department-of-correctional-services-nyappdiv-2007.

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