In the Matter of Chaney
v.
Selsky

Appellate Division of the Supreme Court of New York, Third DepartmentJul 21, 2005
797 N.Y.S.2d 923 (N.Y. App. Div. 2005)
797 N.Y.S.2d 92320 A.D.3d 802

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  • Dallio v. Selsky

    …The Attorney General has advised this Court that the determination at issue has been administratively…

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July 21, 2005.

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.

Before: Cardona, P.J., Crew III, Carpinello, Mugglin and Rose, JJ., concur.


Petitioner commenced this CPLR article 78 proceeding to challenge a determination finding him guilty of violating the prison disciplinary rule that prohibits providing legal assistance without prior approval. The Attorney General has advised this Court that the determination at issue has been administratively reversed and all references thereto expunged from petitioner's institutional record. Inasmuch as petitioner has received all the relief to which he is entitled and is no longer aggrieved, the matter is dismissed as moot ( see Matter of Pena v. Selsky, 300 AD2d 797).

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