34 A.D.3d 873 822 N.Y.S.2d 740

In the Matter of Frederick W. McMillian, Petitioner, v Donald Selsky, as Director of Special Housing and Inmate Disciplinary Programs, et al., Respondents.

[822 NYS2d 740]

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 certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating the prison disciplinary rules which prohibit creating a disturbance, interference with an employee and refusing a direct order. The Attorney General has advised this Court that the determination at issue has been administratively reversed and that 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 matter is dismissed as moot (see Matter of Medina v Selsky, 28 AD3d 898 [2006]).

Cardona, PJ., Peters, Spain, Mugglin and Rose, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

McMillian v. Selsky
34 A.D.3d 873 822 N.Y.S.2d 740

Case Details

Name
McMillian v. Selsky
Decision Date
Nov 2, 2006
Citations

34 A.D.3d 873

822 N.Y.S.2d 740

Jurisdiction
New York

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