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Telesco v. Selsky

Appellate Division of the Supreme Court of New York, Third Department
Feb 6, 2003
302 A.D.2d 662 (N.Y. App. Div. 2003)

Opinion

92436

February 6, 2003.

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 respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Leonard Telesco, Albion, petitioner pro se.

Eliot Spitzer, Attorney General, Albany (Peter H. Schiff of counsel), for respondents.

Before: Cardona, P.J., Mercure, Spain, Carpinello and Kane, JJ.


MEMORANDUM AND JUDGMENT

Petitioner challenges a determination finding him guilty of disobeying a direct order and failing to comply with urinalysis testing procedures. The Attorney General has advised this Court by letter 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 of the relief to which he is entitled and is no longer aggrieved, the matter is dismissed as moot (see Matter of Tevault v. Goord, 297 A.D.2d 870).

CARDONA, P.J., MERCURE, SPAIN, CARPINELLO and KANE, JJ., concur.

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


Summaries of

Telesco v. Selsky

Appellate Division of the Supreme Court of New York, Third Department
Feb 6, 2003
302 A.D.2d 662 (N.Y. App. Div. 2003)
Case details for

Telesco v. Selsky

Case Details

Full title:IN THE MATTER OF LEONARD TELESCO, Petitioner, v. DONALD SELSKY, AS…

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

Date published: Feb 6, 2003

Citations

302 A.D.2d 662 (N.Y. App. Div. 2003)
753 N.Y.S.2d 773