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Tafari v. Selsky

Appellate Division of the Supreme Court of New York, Third Department
Sep 30, 2010
76 A.D.3d 1146 (N.Y. App. Div. 2010)

Opinion

No. 503385.

September 30, 2010.

Appeal from a judgment of the Supreme Court (Teresi, J.), entered August 7, 2007 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of the Commissioner of Correctional Services finding petitioner guilty of violating certain prison disciplinary rules.

Injah Tafari, Dannemora, appellant pro se.

Andrew M. Cuomo, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.

Before: Cardona, P.J., Mercure, Spain, Malone Jr. and Egan Jr., JJ.


Following a tier III disciplinary hearing, petitioner was found guilty of refusing a direct order and wasting food. This Court has been informed by the Attorney General that the disciplinary determination 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, the appeal is dismissed as moot ( see Matter of Mercer v Artus, 70 AD3d 1073; Matter of Washington v Napoli, 69 AD3d 1072).

Ordered that the appeal is dismissed, as moot, without costs.


Summaries of

Tafari v. Selsky

Appellate Division of the Supreme Court of New York, Third Department
Sep 30, 2010
76 A.D.3d 1146 (N.Y. App. Div. 2010)
Case details for

Tafari v. Selsky

Case Details

Full title:In the Matter of INJAH TAFARI, Appellant, v. DONALD SELSKY, as Director of…

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

Date published: Sep 30, 2010

Citations

76 A.D.3d 1146 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 6727
907 N.Y.S.2d 713

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