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McCants v. Claire

Appellate Division of the Supreme Court of New York, Third Department
Jan 6, 2005
14 A.D.3d 736 (N.Y. App. Div. 2005)

Opinion

93115

January 6, 2005.

Appeal from a judgment of the Supreme Court (Lamont, J.), entered July 29, 2002 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of respondents denying his grievance.

Before: Spain, J.P., Mugglin, Rose, Lahtinen and Kane, JJ., concur.


Petitioner, while an inmate, commenced this CPLR article 78 proceeding challenging the denial of a grievance addressing the use of night lights in his cell. Inasmuch as petitioner has been released from prison, his challenge to the denial of his grievance is rendered moot ( see Matter of La Tour v. New York State Dept. of Correctional Servs. Cent. Off. Review Comm., 5 AD3d 890, 891).

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


Summaries of

McCants v. Claire

Appellate Division of the Supreme Court of New York, Third Department
Jan 6, 2005
14 A.D.3d 736 (N.Y. App. Div. 2005)
Case details for

McCants v. Claire

Case Details

Full title:In the Matter of ANDRE T. McCANTS, Appellant, v. LUCIEN J. LE CLAIRE, as…

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

Date published: Jan 6, 2005

Citations

14 A.D.3d 736 (N.Y. App. Div. 2005)
786 N.Y.S.2d 746

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