Avincola v. Fischer

Appellate Division of the Supreme Court of New York

Avincola v. Fischer

74 A.D.3d 1672, 902 N.Y.S.2d 454

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

DecidedJune 24, 2010

StatusPublished

Cited by4 cases

This text of 74 A.D.3d 1672 (Avincola 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

Avincola v. Fischer, 74 A.D.3d 1672, 902 N.Y.S.2d 454 (N.Y. Ct. App. 2010).

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Opinion

Proceeeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

Following a tier III disciplinary hearing, petitioner, a prison inmate, was found guilty of threatening another inmate. The Attorney General has advised this Court that the determination has been administratively reversed, all references thereto expunged from petitioner’s institutional record and the mandatory hearing surcharge refunded to petitioner’s account. Accordingly, the petition must be dismissed as moot, inasmuch as petitioner has received all the relief to which he is entitled (see Matter of Ortiz v Fischer, 71 AD3d 1244 [2010]; Matter of Mercer v Artus, 70 AD3d 1073 [2010]).

Peters, J.P., Spain, Malone Jr., Kavanagh and Garry, JJ., concur. Adjudged that the petition is. dismissed, as moot, without costs.

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Proceeeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

Following a tier III disciplinary hearing, petitioner, a prison inmate, was found guilty of threatening another inmate. The Attorney General has advised this Court that the determination has been administratively reversed, all references thereto expunged from petitioner’s institutional record and the mandatory hearing surcharge refunded to petitioner’s account. Accordingly, the petition must be dismissed as moot, inasmuch as petitioner has received all the relief to which he is entitled (see Matter of Ortiz v Fischer, 71 AD3d 1244 [2010]; Matter of Mercer v Artus, 70 AD3d 1073 [2010]).

Peters, J.P., Spain, Malone Jr., Kavanagh and Garry, JJ., concur. Adjudged that the petition is. dismissed, as moot, without costs.

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Bluebook (online)

74 A.D.3d 1672, 902 N.Y.S.2d 454, Counsel Stack Legal Research, https://law.counselstack.com/opinion/avincola-v-fischer-nyappdiv-2010.

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