From Casetext: Smarter Legal Research

Mtr. of Frederick v. Selsky

Appellate Division of the Supreme Court of New York, Third Department
Nov 2, 2006
34 A.D.3d 873 (N.Y. App. Div. 2006)

Opinion

No. 500101.

November 2, 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 certain prison disciplinary rules.

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 rules which prohibit creating a disturbance, interference with an employee and refusing a direct order. 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 Medina v Selsky, 28 AD3d 898).

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


Summaries of

Mtr. of Frederick v. Selsky

Appellate Division of the Supreme Court of New York, Third Department
Nov 2, 2006
34 A.D.3d 873 (N.Y. App. Div. 2006)
Case details for

Mtr. of Frederick v. Selsky

Case Details

Full title:In the Matter of FREDERICK W. McMILLIAN, Petitioner, v. DONALD SELSKY, as…

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

Date published: Nov 2, 2006

Citations

34 A.D.3d 873 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 7928
822 N.Y.S.2d 740

Citing Cases

Rudert v. Goord

The Attorney General has advised this Court that the determination of guilt has been administratively…