Majority
Appeal from a judgment of the Supreme Court, Seneca County (Dennis F. Bender, A.J.), dated July 5, 2012 in a proceeding pursuant to CPLR article 78. The judgment denied and dismissed the petition.
It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.
Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination that he violated a prison disciplinary rule. Supreme Court properly denied the petition. Inasmuch as petitioner has served the entirety of the imposed 30-day penalty, his contention that the penalty was unlawful is moot (see Matter of Ellison v Coughlin, 191 AD2d 778 , 778-779 [1993]), and we conclude that the exception to the mootness doctrine does not apply (cf. id. at 779 ; see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707 , 714-715 [1980]). Petitioner’s contention that the absence of the hearing transcript precluded the court’s meaningful review is not preserved for our review and, in any event, is without merit (see Matter of Sessoms v Commissioner of Correctional Servs., 63 AD3d 1400 , 1400 [2009]). We reject petitioner’s further contention that the absence of the hearing transcript from the record on appeal prevents this Court from conducting a meaningful appellate
Present — Centra, J.P, Fahey, Peradotto, Sconiers and DeJoseph, JJ.
Cases cited
- Ellison v. Coughlin 191 AD2d 778 at 778-779 p. 1351
- Hearst Corp. v. Clyne 50 NY2d 707 at 714-715 p. 1351
- Sessoms v. Commissioner of Correctional Services 63 AD3d 1400 at 1400 p. 1351
- Gold v. Masse 256 AD2d 981 at 981-982 p. 1352
- Borrero v. Goord 268 AD2d 853 at 854 p. 1352