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Matter of Webb v. Coombe

Appellate Division of the Supreme Court of New York, Third Department
Apr 3, 1997
238 A.D.2d 639 (N.Y. App. Div. 1997)

Opinion

April 3, 1997


Appeal from a judgment of the Supreme Court (Teresi, J.), entered June 4, 1996 in Albany County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition and remitted the matter for a new hearing.

Petitioner commenced this proceeding to challenge a determination finding him guilty of violating the prison disciplinary rule that prohibits possession of a weapon. Supreme Court dismissed the proceeding, declining to review petitioner's contentions on the ground that the record did not include either a written or a taped transcript of the disciplinary hearing. The matter was remitted for a new hearing which ultimately resulted in a decision again finding petitioner guilty. Petitioner did not appeal from this decision either administratively or judicially. Instead, he commenced the instant appeal from Supreme Court's judgment dismissing his CPLR article 78 proceeding seeking review of the outcome of the first disciplinary hearing. Inasmuch as a second disciplinary hearing has been held, petitioner's appeal from Supreme Court's judgment dismissing his application for review of the outcome of the first hearing is moot ( see, Matter of Best v. Leonardo, 194 A.D.2d 1018, appeal dismissed 82 N.Y.2d 799).

Mikoll, J.P., Mercure, White, Peters and Carpinello, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.


Summaries of

Matter of Webb v. Coombe

Appellate Division of the Supreme Court of New York, Third Department
Apr 3, 1997
238 A.D.2d 639 (N.Y. App. Div. 1997)
Case details for

Matter of Webb v. Coombe

Case Details

Full title:In the Matter of VINCENT WEBB, Appellant, v. PHILIP COOMBE, JR., as…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Apr 3, 1997

Citations

238 A.D.2d 639 (N.Y. App. Div. 1997)
656 N.Y.S.2d 961