Matter of Afrika v. Jones

Full title: In the Matter of NACHE AFRIKA, Petitioner, v. E.W. JONES, as…

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

Date published: Mar 9, 1989

148 A.D.2d 811 (N.Y. App. Div. 1989)

538 N.Y.S.2d 647

Opinion

March 9, 1989

Appeal from the Supreme Court, Washington County.

Since the inception of this proceeding, respondents have reversed the determination finding petitioner guilty of violating certain disciplinary rules and have expunged all references thereto from petitioner's institutional record. Consequently, respondents seek to dismiss the proceeding as moot. Petitioner, however, has objected to the motion and contends that an exception to the mootness doctrine exists since the questions raised herein evade judicial review. We disagree. The issue before us has been rendered moot and is not such as to evade judicial review (see, Matter of David C., 69 N.Y.2d 796, 798).

Petition dismissed, as moot, without costs. Weiss, J.P., Mikoll, Yesawich, Jr., Mercure and Harvey, JJ., concur.