Foley v. Fischer

Appellate Division of the Supreme Court of New York

Foley v. Fischer

79 A.D.3d 1488, 912 N.Y.S.2d 463

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

DecidedDecember 23, 2010

StatusPublished

Cited by1 cases

This text of 79 A.D.3d 1488 (Foley 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

Foley v. Fischer, 79 A.D.3d 1488, 912 N.Y.S.2d 463 (N.Y. Ct. App. 2010).

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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 determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding challenging a prison disciplinary determination. The Attorney General has advised this Court that the determination at issue has been administratively reversed and that all references thereto have been expunged from petitioner’s institutional record. Given that petitioner has received all the relief to which he is entitled, the matter must be dismissed as moot (see Matter of Adams v Goord, 45 AD3d 940, 940 [2007]; Matter of Zaire v West, 27 AD3d 810, 811 [2006]). Notwithstanding his request, petitioner is not entitled to be transferred to the correctional facility in which he was housed prior to the disciplinary determination (see Matter of Hernandez v Goord, 279 AD2d 919 [2001]).

Cardona, EJ., Spain, Rose, Malone Jr. 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 determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding challenging a prison disciplinary determination. The Attorney General has advised this Court that the determination at issue has been administratively reversed and that all references thereto have been expunged from petitioner’s institutional record. Given that petitioner has received all the relief to which he is entitled, the matter must be dismissed as moot (see Matter of Adams v Goord, 45 AD3d 940, 940 [2007]; Matter of Zaire v West, 27 AD3d 810, 811 [2006]). Notwithstanding his request, petitioner is not entitled to be transferred to the correctional facility in which he was housed prior to the disciplinary determination (see Matter of Hernandez v Goord, 279 AD2d 919 [2001]).

Cardona, EJ., Spain, Rose, Malone Jr. and McCarthy, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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Bluebook (online)

79 A.D.3d 1488, 912 N.Y.S.2d 463, Counsel Stack Legal Research, https://law.counselstack.com/opinion/foley-v-fischer-nyappdiv-2010.

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