ADAMS, JAMES EARL v. BOLLINIER, SUPERINTENDENT

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 661 CA 12-02396 PRESENT: CENTRA, J.P., FAHEY, PERADOTTO, SCONIERS, AND DEJOSEPH, JJ. IN THE MATTER OF JAMES ADAMS, PETITIONER-APPELLANT, V MEMORANDUM AND ORDER SUPERINTENDENT BOLLINIER, FIVE POINTS CORRECTIONAL FACILITY, RESPONDENT-RESPONDENT. JAMES ADAMS, PETITIONER-APPELLANT PRO SE. ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (MARCUS J. MASTRACCO OF COUNSEL), FOR RESPONDENT-RESPONDENT. 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), 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). 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). 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 review, inasmuch as the missing transcript “is not relevant to the issues before us” (Matter of Gold v Masse, 256 AD2d 981, 981-982, lv denied 93 NY2d 803; see Matter of Borrero v Goord, 268 AD2d 853, 854). Entered: June 13, 2014 Frances E. Cafarell Clerk of the Court