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Messer v. Selsky

Appellate Division of the Supreme Court of New York, Third Department
Jun 6, 2002
295 A.D.2d 664 (N.Y. App. Div. 2002)

Opinion

90314

Decided and Entered: June 6, 2002.

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.

Sheldon N. Messer, Malone, petitioner pro se.

Eliot Spitzer, Attorney General, Albany (Peter G. Crary of counsel), for respondent.

Before: Cardona, P.J., Crew III, Spain, Carpinello and Rose, JJ.


MEMORANDUM AND JUDGMENT

Petitioner commenced this CPLR article 78 proceeding to challenge a prison disciplinary determination finding him guilty of violating the prison disciplinary rules that prohibit violent conduct, harassment, threatening staff members, forgery, impersonation and violation of facility correspondence regulations. The determination was administratively reversed on March 28, 2002 and all references thereto have been expunged from petitioner's institutional records. 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 Curtis v. Goord, 274 A.D.2d 808; Matter of Maldonado v. Miller, 259 A.D.2d 912).

Cardona, P.J., Crew III, Spain, Carpinello and Rose, JJ., concur.

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


Summaries of

Messer v. Selsky

Appellate Division of the Supreme Court of New York, Third Department
Jun 6, 2002
295 A.D.2d 664 (N.Y. App. Div. 2002)
Case details for

Messer v. Selsky

Case Details

Full title:IN THE MATTER OF SHELDON N. MESSER, PETITIONER, v. DONALD SELSKY, AS…

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

Date published: Jun 6, 2002

Citations

295 A.D.2d 664 (N.Y. App. Div. 2002)
742 N.Y.S.2d 923

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