Benitez v. Fischer

Appellate Division of the Supreme Court of New York

Benitez v. Fischer

118 A.D.3d 1237, 988 N.Y.S.2d 503

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

DecidedJune 26, 2014

StatusPublished

This text of 118 A.D.3d 1237 (Benitez 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

Benitez v. Fischer, 118 A.D.3d 1237, 988 N.Y.S.2d 503 (N.Y. Ct. App. 2014).

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Opinion

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

[1238]*1238Petitioner, a prison inmate, commenced this proceeding challenging a disciplinary determination finding him guilty of drug use. The Attorney General has informed this Court that the determination at issue has been administratively reversed, all references thereto have been expunged from petitioner’s institutional record and the mandatory surcharge has been returned to his inmate account. Although not referenced in the letter from the Attorney General, we note that “ ‘any loss of good time incurred by petitioner as a result of the determination should be restored’ ” (Matter of Canales-Sanchez v Schneiderman, 107 AD3d 1258, 1258-1259 [2013], quoting Matter of Pereira v Fischer, 87 AD3d 1192, 1192 [2011]). Otherwise, petitioner has received all the relief to which he is entitled and the petition must be dismissed as moot (see Matter of CanalesSanchez v Schneiderman, 107 AD3d at 1259; Matter of Marcial v Fischer, 96 AD3d 1245, 1246 [2012]).

McCarthy, J.R, Garry, Rose, Lynch and Devine, JJ., concur.

Adjudged that the petition is dismissed, as moot, without costs.

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

[1238]*1238Petitioner, a prison inmate, commenced this proceeding challenging a disciplinary determination finding him guilty of drug use. The Attorney General has informed this Court that the determination at issue has been administratively reversed, all references thereto have been expunged from petitioner’s institutional record and the mandatory surcharge has been returned to his inmate account. Although not referenced in the letter from the Attorney General, we note that “ ‘any loss of good time incurred by petitioner as a result of the determination should be restored’ ” (Matter of Canales-Sanchez v Schneiderman, 107 AD3d 1258, 1258-1259 [2013], quoting Matter of Pereira v Fischer, 87 AD3d 1192, 1192 [2011]). Otherwise, petitioner has received all the relief to which he is entitled and the petition must be dismissed as moot (see Matter of CanalesSanchez v Schneiderman, 107 AD3d at 1259; Matter of Marcial v Fischer, 96 AD3d 1245, 1246 [2012]).

McCarthy, J.R, Garry, Rose, Lynch and Devine, JJ., concur.

Adjudged that the petition is dismissed, as moot, without costs.

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Bluebook (online)

118 A.D.3d 1237, 988 N.Y.S.2d 503, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benitez-v-fischer-nyappdiv-2014.

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