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Fogel v. Selsky

Appellate Division of the Supreme Court of New York, Third Department
May 1, 2008
51 A.D.3d 1119 (N.Y. App. Div. 2008)

Opinion

No. 503645.

May 1, 2008.

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 a prison disciplinary rule.

Al Fogel, Attica, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.

Mercure, J.P., Peters, Lahtinen, Kane and Malone Jr., JJ.


Petitioner commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination finding him guilty of the unauthorized use of drugs. The Attorney General has advised this Court that the determination at issue has been administratively reversed and all references thereto have been expunged from petitioner's institutional record. As such, petitioner has received all of the relief to which he is entitled and this matter must be dismissed as moot ( see Matter of Williams v Smith, 48 AD3d 872).

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


Summaries of

Fogel v. Selsky

Appellate Division of the Supreme Court of New York, Third Department
May 1, 2008
51 A.D.3d 1119 (N.Y. App. Div. 2008)
Case details for

Fogel v. Selsky

Case Details

Full title:In the Matter of AL FOGEL, Petitioner, v. DONALD SELSKY, as Director of…

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

Date published: May 1, 2008

Citations

51 A.D.3d 1119 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 4030
855 N.Y.S.2d 383