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In the Matter of Cooper v. Selsky

Appellate Division of the Supreme Court of New York, Third Department
May 11, 2006
29 A.D.3d 1104 (N.Y. App. Div. 2006)

Opinion

98895.

May 11, 2006.

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.

Bernard Cooper, Pine City, petitioner pro se.

Eliot Spitzer, Attorney General, Albany (Nancy A. Spiegel of counsel), for respondent.

Before: Cardona, P.J., Crew III, Carpinello, Mugglin and Kane, JJ., concur.


Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating the prison disciplinary rule which 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, 800 [2005]).

Adjudged that the petition is dismissed, as moot, without costs.


Summaries of

In the Matter of Cooper v. Selsky

Appellate Division of the Supreme Court of New York, Third Department
May 11, 2006
29 A.D.3d 1104 (N.Y. App. Div. 2006)
Case details for

In the Matter of Cooper v. Selsky

Case Details

Full title:In the Matter of BERNARD COOPER, Petitioner, v. DONALD SELSKY, as Director…

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

Date published: May 11, 2006

Citations

29 A.D.3d 1104 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 3662
813 N.Y.S.2d 683

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