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Covington v. Cirincione

Appellate Division of the Supreme Court of New York, Third Department
Jul 17, 2003
307 A.D.2d 554 (N.Y. App. Div. 2003)

Opinion

92347

Decided and Entered: July 17, 2003.

Appeal from a judgment of the Supreme Court (Teresi, J.), entered in August 26, 2002 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent's motion to dismiss the petition as moot.

John Covington, Dannemora, appellant pro se.

Eliot Spitzer, Attorney General, Albany (Andrea Oser of counsel), for respondent.

Before: Crew III, J.P., Peters, Carpinello, Mugglin and, Rose, JJ.


MEMORANDUM AND ORDER

Petitioner, an inmate at Clinton Correctional Facility in Clinton County, made a request under the Freedom of Information Law (Public Officers Law art 6) for any information relating to his parole revocation hearing, held March 26, 1993. After petitioner was provided with the requested material, Supreme Court granted respondent's motion to dismiss the petition as moot. We agree that the matter is moot and, in the absence of any exception to the mootness doctrine, Supreme Court's determination will not be disturbed (see Matter of Sills v. New York State Div. of State Police, 248 A.D.2d 920, 921). To the extent that petitioner is currently seeking information that was not requested in his original application, he has failed to exhaust his administrative remedies (see Matter of Almodovar v. Altschuller, 232 A.D.2d 700;see also Public Officers Law § 89 [a], [b]).

Crew III, J.P., Peters, Carpinello, Mugglin and Rose, JJ. ORDERED that the judgment is affirmed, without costs.


Summaries of

Covington v. Cirincione

Appellate Division of the Supreme Court of New York, Third Department
Jul 17, 2003
307 A.D.2d 554 (N.Y. App. Div. 2003)
Case details for

Covington v. Cirincione

Case Details

Full title:In the Matter of JOHN COVINGTON, Appellant, v. MARTIN CIRINCIONE, as…

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

Date published: Jul 17, 2003

Citations

307 A.D.2d 554 (N.Y. App. Div. 2003)
762 N.Y.S.2d 295

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