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In the Matter of Sheils v. Selsky

Appellate Division of the Supreme Court of New York, Third Department
Jun 9, 2005
19 A.D.3d 786 (N.Y. App. Div. 2005)

Opinion

96912.

June 9, 2005.

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 certain prison disciplinary rules.

Kevin Sheils, Malone, petitioner pro se.

Eliot Spitzer, Attorney General, Albany (Wayne L. Benjamin of counsel), for respondent.

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


Petitioner commenced this CPLR article 78 proceeding challenging an administrative determination finding him guilty of violating the prison disciplinary rules that prohibit harassment and violating facility correspondence procedures. The Attorney General has advised this Court that the determination at issue has been administratively reversed and that all references thereto have been expunged from petitioner's institutional record. Inasmuch as petitioner has received all the relief to which he is entitled, the matter is dismissed as moot ( see Matter of White v. Goord, 15 AD3d 795).

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


Summaries of

In the Matter of Sheils v. Selsky

Appellate Division of the Supreme Court of New York, Third Department
Jun 9, 2005
19 A.D.3d 786 (N.Y. App. Div. 2005)
Case details for

In the Matter of Sheils v. Selsky

Case Details

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

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

Date published: Jun 9, 2005

Citations

19 A.D.3d 786 (N.Y. App. Div. 2005)
796 N.Y.S.2d 260