From Casetext: Smarter Legal Research

Moore v. Travis

Appellate Division of the Supreme Court of New York, Third Department
May 8, 2008
51 A.D.3d 1180 (N.Y. App. Div. 2008)

Opinion

No. 503381.

May 8, 2008.

Appeal from an order of the Supreme Court (Egan, Jr., J.), entered August 16, 2007 in Albany County, which denied petitioner's motion to vacate a prior judgment.

Stanley Moore, New York City, appellant pro se.

Andrew M. Cuomo, Attorney General, Albany (Zainab A. Chaudhry of counsel), for respondent.

Before: Mercure, J.P., Carpinello, Rose, Malone Jr. and Kavanagh, JJ.


The facts underlying the instant appeal are fully set forth in our prior decision ( 304 AD2d 1001, affd 2 NY3d 748). Currently, petitioner appeals from an order of the Supreme Court (Egan, Jr., J.) that denied his motion to vacate a judgment of said court (Kane, J.), entered April 16, 2002, which dismissed the proceeding pursuant to CPLR article 78 challenging, as is relevant here, respondent's denial of his request for expungement of erroneous information from his parole files. However, the Attorney General has advised that, subsequent to the entry of the order at issue, the Division of Parole commenced a complete review of petitioner's files for the purpose of correcting any erroneous information they may contain concerning his role in the May 25, 1982 burglary. Inasmuch as petitioner has received all the relief to which he is entitled, this appeal must be dismissed as moot ( see Matter of Mathie v Selsky, 45 AD3d 1169, 1170; Matter of Eves v New York State Div. of Parole, 39 AD3d 1002, 1003).

Ordered that the appeal is dismissed, as moot, without costs.


Summaries of

Moore v. Travis

Appellate Division of the Supreme Court of New York, Third Department
May 8, 2008
51 A.D.3d 1180 (N.Y. App. Div. 2008)
Case details for

Moore v. Travis

Case Details

Full title:In the Matter of STANLEY MOORE, Appellant, v. BRION TRAVIS, as Chair of…

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

Date published: May 8, 2008

Citations

51 A.D.3d 1180 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 4254
857 N.Y.S.2d 355

Citing Cases

Stanley v. Alexander

Following an unsuccessful administrative appeal, petitioner commenced this CPLR article 78 proceeding. Due to…

In the Matter of Jose Rosa v. Fischer

The record discloses that DOCS has issued a revised time computation sheet characterizing petitioner as…