Autar v. Fischer

Appellate Division of the Supreme Court of New York

Autar v. Fischer

90 A.D.3d 1445, 934 N.Y.2d 879

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 29, 2011

StatusPublished

This text of 90 A.D.3d 1445 (Autar v. Fischer) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Autar v. Fischer, 90 A.D.3d 1445, 934 N.Y.2d 879 (N.Y. Ct. App. 2011).

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Opinion

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating the prison disciplinary rule prohibiting inmates from making threats. The Attorney General has advised this Court that the determination at issue has been administratively reversed, all references thereto have been expunged from petitioner’s institutional record and the $5 mandatory surcharge has been restored to petitioner’s inmate account. In view of this, and given that petitioner has received all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Kairis v Fischer, 86 AD3d 868, 868-869 [2011]; Matter of Charles v Bezio, 80 AD3d 975 [2011]).

Mercure, A.PJ., Spain, Malone Jr., Stein and McCarthy, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating the prison disciplinary rule prohibiting inmates from making threats. The Attorney General has advised this Court that the determination at issue has been administratively reversed, all references thereto have been expunged from petitioner’s institutional record and the $5 mandatory surcharge has been restored to petitioner’s inmate account. In view of this, and given that petitioner has received all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Kairis v Fischer, 86 AD3d 868, 868-869 [2011]; Matter of Charles v Bezio, 80 AD3d 975 [2011]).

Mercure, A.PJ., Spain, Malone Jr., Stein and McCarthy, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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Bluebook (online)

90 A.D.3d 1445, 934 N.Y.2d 879, Counsel Stack Legal Research, https://law.counselstack.com/opinion/autar-v-fischer-nyappdiv-2011.

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