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In the Matter of Medina v. Selsky

Appellate Division of the Supreme Court of New York, Third Department
Apr 13, 2006
28 A.D.3d 898 (N.Y. App. Div. 2006)

Opinion

98721.

April 13, 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.

Anthony Medina, Pine City, petitioner pro se.

Before: Cardona, P.J., Peters, Spain, Mugglin and Rose, JJ., concur.


Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating the prison disciplinary rule which prohibits assaults on inmates. Subsequent to the commencement of this proceeding, the determination of guilt was administratively reversed and all references thereto were expunged from petitioner's institutional records. Inasmuch as petitioner has been afforded all the relief to which he is entitled and is no longer aggrieved, the matter must be dismissed as moot ( see Matter of Terry v. Goord, 14 AD3d 766).

Adjudged that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $15.


Summaries of

In the Matter of Medina v. Selsky

Appellate Division of the Supreme Court of New York, Third Department
Apr 13, 2006
28 A.D.3d 898 (N.Y. App. Div. 2006)
Case details for

In the Matter of Medina v. Selsky

Case Details

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

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

Date published: Apr 13, 2006

Citations

28 A.D.3d 898 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 2684
812 N.Y.S.2d 384

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