Appellate Division of the Supreme Court of New York, 2001

Ferro v. Luvera

Appellate Division of the Supreme Court of New York · Decided November 21, 2001

288 A.D.2d 735; 732 N.Y.S.2d 913; 2001 N.Y. App. Div. LEXIS 11165

Cases that cite this one

4 later published cases cite this decision.

Goodale v. Goord (Appellate Division of the Supreme Court of New York 2007)
Roach v. Goord (Appellate Division of the Supreme Court of New York 2005)
Ellington v. Senkowski (Appellate Division of the Supreme Court of New York 2003)
Eades v. Duncan (Appellate Division of the Supreme Court of New York 2003)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Columbia County) to review a determination of the Commissioner of Correctional Services which withheld petitioner’s good time allowance.

Petitioner challenges a decision of the Time Allowance Committee, which was affirmed on administrative appeal, withholding 11 months of good time as a result of petitioner’s failure to participate in an alcohol and substance abuse program, claiming that it was not supported by substantial evidence. Inasmuch as the record establishes that petitioner has been *736released from prison given his maximum expiration date of October 8, 2001, his challenge to the loss of good time is moot (see, Matter of Walker v Senkowski, 260 AD2d 830, 831). We reject petitioner’s contention that this matter presents an exception to the mootness doctrine.

Crew III, J. P., Peters, Carpinello, Mugglin and Rose, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.