Matter of Murphy v. New York State Dept. of Corr. & Community Supervision

Summary

The Appellate Division, Third Department dismissed as moot an appeal from the dismissal of a CPLR article 78 proceeding challenging the indefinite suspension of the petitioner's visitation privileges by the Department of Corrections and Community Supervision. The court concluded that the petitioner was no longer aggrieved because her visitation privileges had been reinstated, and that no exception to the mootness doctrine applied.

Holdings

1. The appeal was moot because petitioner received the ultimate relief sought in her petition and was therefore no longer aggrieved.
2. The mootness exception did not apply.

Questions Presented

1. Whether the appeal should be dismissed as moot after petitioner received the ultimate relief sought by having her visitation privileges reinstated.
2. Whether the exception to the mootness doctrine applies.

Disposition

dismissed