Gonzalez v. Jones

Kane, J. (dissenting). I am unable to agree with the majority that this proceeding should be dismissed as moot. Rather, constrained by our holding in Matter of Rahman v Coughlin (112 AD2d 591), I am of the opinion that we must decide this proceeding upon the merits.

In Matter of Rahman v Coughlin (supra), without any mention of the doctrine of finality of administrative determinations, we stated that once a CPLR article 78 proceeding, seeking review of a prison disciplinary matter, has been commenced: "jurisdiction of the matter reposed in the courts, and respondents, in the absence of express…