Bridgeforth v. Fischer

Appellate Division of the Supreme Court of New York

Bridgeforth v. Fischer

67 A.D.3d 1230, 888 N.Y.S.2d 442

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

DecidedNovember 19, 2009

StatusPublished

This text of 67 A.D.3d 1230 (Bridgeforth 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

Bridgeforth v. Fischer, 67 A.D.3d 1230, 888 N.Y.S.2d 442 (N.Y. Ct. App. 2009).

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Opinion

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

Petitioner, an inmate at Southport Correction Facility in Chemung County, commenced this proceeding challenging a tier III disciplinary determination finding him guilty of interference with an employee and lewd conduct. The Attorney General has advised this Court that the administrative determination has been reversed and all references thereto have been expunged from petitioner’s institutional record. Accordingly, this matter must be dismissed as moot, inasmuch as petitioner has received all the relief to which he is entitled (see Matter of McCaskell v Fischer, 65 AD3d 771 [2009]; Matter of Hart v Fischer, 60 AD3d 1226 [2009]).

Peters, J.P, Spain, Kavanagh, Stein and McCarthy, 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 Albany County) to review a determinátion of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, an inmate at Southport Correction Facility in Chemung County, commenced this proceeding challenging a tier III disciplinary determination finding him guilty of interference with an employee and lewd conduct. The Attorney General has advised this Court that the administrative determination has been reversed and all references thereto have been expunged from petitioner’s institutional record. Accordingly, this matter must be dismissed as moot, inasmuch as petitioner has received all the relief to which he is entitled (see Matter of McCaskell v Fischer, 65 AD3d 771 [2009]; Matter of Hart v Fischer, 60 AD3d 1226 [2009]).

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

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Bluebook (online)

67 A.D.3d 1230, 888 N.Y.S.2d 442, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bridgeforth-v-fischer-nyappdiv-2009.

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