MATTER OF SMALL v. COUGHLIN


232 A.D.2d 690 (1996)

647 N.Y.S.2d 1021

In the Matter of Anthony Small, Petitioner, v. Thomas A. Coughlin, III, as Commissioner of The New York State Department of Correctional Services, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 10, 1996


While an inmate at Shawangunk Correctional Facility in Ulster County, petitioner was found guilty of using narcotics. He challenges the administrative determination upon a number of grounds. However, since the commencement of this CPLR article 78 proceeding, respondents have annulled the determination and expunged all references to it from petitioner's records. In view of this, we find that petitioner's challenge is now moot and, therefore, we need not address the merits...

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