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In re Munnerlyn

Appellate Division of the Supreme Court of New York, Third Department
Feb 19, 2009
59 A.D.3d 836 (N.Y. App. Div. 2009)

Opinion

No. 505240.

February 19, 2009.

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 a prison disciplinary rule.

Ronald Munnerlyn, Attica, petitioner pro se.

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

Before: Cardona, P.J., Mercure, Kane, Kavanagh and Stein, JJ.


Petitioner commenced this CPLR article 78 proceeding seeking to annul an administrative determination finding him guilty of violating the prison disciplinary rule that prohibits drug use. The Attorney General advises this Court that the determination at issue has been administratively reversed and all references thereto have been expunged from petitioner's institutional record. Inasmuch as petitioner has received all the relief to which he is entitled, this proceeding is dismissed as moot ( see Matter of York v Fischer, 55 AD3d 1096; Matter of Decker v Selsky, 53 AD3d 996). To the extent that petitioner also seeks restoration of his security classification level, we need note only that this issue, raised for the first time in petitioner's reply, is not before us ( see Matter of Lunney v Goord, 290 AD2d 687, 688) and, further, is a subject properly addressed in a separate proceeding to challenge the contested classification ( cf. Matter of Encarnacion v Goord, 47 AD3d 987).

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


Summaries of

In re Munnerlyn

Appellate Division of the Supreme Court of New York, Third Department
Feb 19, 2009
59 A.D.3d 836 (N.Y. App. Div. 2009)
Case details for

In re Munnerlyn

Case Details

Full title:In the Matter of RONALD MUNNERLYN, Petitioner, v. LYNN LILLEY, as Deputy…

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

Date published: Feb 19, 2009

Citations

59 A.D.3d 836 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 1270
872 N.Y.S.2d 682

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