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Waters v. Cent. Office Review Comm. of the Dep't of Corr.

Supreme Court, Appellate Division, Third Department, New York.
Sep 15, 2016
142 A.D.3d 1204 (N.Y. App. Div. 2016)

Opinion

09-15-2016

In the Matter of Gary WATERS, Appellant, v. CENTRAL OFFICE REVIEW COMMITTEE OF the DEPARTMENT OF CORRECTIONS and Community Supervision et al., Respondents.

Gary Waters, New York City, appellant pro se.


Gary Waters, New York City, appellant pro se.

Opinion

Appeal from a judgment of the Supreme Court (Fisher, J.), entered October 2, 2015 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Central Office Review Committee denying petitioner's grievance.

Petitioner filed a grievance that sought limited credit time allowance for his participation in a training program, which time credit would render petitioner qualified to be conditionally released six months prior to his conditional release date. Petitioner commenced this CPLR article 78 proceeding challenging the denial of said grievance by respondent Central Office Review Committee. Supreme Court dismissed the petition and this appeal ensued. During the pendency of this appeal, petitioner was released from prison, rendering this proceeding moot (see Matter of Levola v. Fischer, 87 A.D.3d 1191, 1191, 929 N.Y.S.2d 510 [2011] ; Matter of La Tour v New York State Dept. of Correctional Servs. Cent. Off. Review Comm., 5 A.D.3d 890, 891, 772 N.Y.S.2d 887 [2004] ). Furthermore, we are unpersuaded by petitioner's contention that this matter falls within the exception to the mootness doctrine (see Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 713, 431 N.Y.S.2d 400, 409 N.E.2d 876 [1980] ).

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

PETERS, P.J., LYNCH, DEVINE, CLARK and AARONS, JJ., concur.


Summaries of

Waters v. Cent. Office Review Comm. of the Dep't of Corr.

Supreme Court, Appellate Division, Third Department, New York.
Sep 15, 2016
142 A.D.3d 1204 (N.Y. App. Div. 2016)
Case details for

Waters v. Cent. Office Review Comm. of the Dep't of Corr.

Case Details

Full title:In the Matter of Gary WATERS, Appellant, v. CENTRAL OFFICE REVIEW…

Court:Supreme Court, Appellate Division, Third Department, New York.

Date published: Sep 15, 2016

Citations

142 A.D.3d 1204 (N.Y. App. Div. 2016)
2016 N.Y. Slip Op. 6023
37 N.Y.S.3d 469