Wheeler v. Fischer

Summary

The Appellate Division affirmed dismissal as moot of an inmate’s CPLR article 78 proceeding challenging the denial of a merit time allowance. An intervening, unchallenged disciplinary determination and resulting 60-day keeplock penalty independently rendered the petitioner ineligible for a merit time allowance.

Holdings

1. The proceeding was moot because the intervening, unchallenged drug-use violation and accompanying 60-day keeplock penalty independently rendered petitioner ineligible for a merit time allowance.

Questions Presented

1. Whether the petition challenging the prior denial of merit time allowances became moot when an intervening, unchallenged disciplinary violation and penalty independently rendered petitioner ineligible for a merit time allowance.

Disposition

affirmed