Encarnacion v. Fischer

Appellate Division of the Supreme Court of New York

Encarnacion v. Fischer

49 A.D.3d 1060, 852 N.Y.2d 854

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

DecidedMarch 20, 2008

StatusPublished

This text of 49 A.D.3d 1060 (Encarnacion 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

Encarnacion v. Fischer, 49 A.D.3d 1060, 852 N.Y.2d 854 (N.Y. Ct. App. 2008).

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Opinion

At the conclusion of a tier III disciplinary hearing, petitioner was found guilty of violating the prison disciplinary rule prohibiting illicit drug use. After that determination was affirmed upon administrative appeal, petitioner commenced this CPLR article 78 proceeding. The Attorney General has advised this Court that the determination in issue has been administratively reversed and all references thereto have been expunged from petitioner’s institutional record. Accordingly, inasmuch as petitioner has been afforded all of the relief to which he is entitled, the matter is now dismissed as moot (see Matter of Ward v Goord, 43 AD3d 1257, 1257 [2007]).

Mercure, J.P., Spain, Carpinello, Lahtinen and Kane, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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At the conclusion of a tier III disciplinary hearing, petitioner was found guilty of violating the prison disciplinary rule prohibiting illicit drug use. After that determination was affirmed upon administrative appeal, petitioner commenced this CPLR article 78 proceeding. The Attorney General has advised this Court that the determination in issue has been administratively reversed and all references thereto have been expunged from petitioner’s institutional record. Accordingly, inasmuch as petitioner has been afforded all of the relief to which he is entitled, the matter is now dismissed as moot (see Matter of Ward v Goord, 43 AD3d 1257, 1257 [2007]).

Mercure, J.P., Spain, Carpinello, Lahtinen and Kane, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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Bluebook (online)

49 A.D.3d 1060, 852 N.Y.2d 854, Counsel Stack Legal Research, https://law.counselstack.com/opinion/encarnacion-v-fischer-nyappdiv-2008.

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