Fulton v. Crystal

Appellate Division of the Supreme Court of New York

Fulton v. Crystal

73 A.D.3d 1372, 900 N.Y.S.2d 696

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

DecidedMay 20, 2010

StatusPublished

This text of 73 A.D.3d 1372 (Fulton v. Crystal) 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

Fulton v. Crystal, 73 A.D.3d 1372, 900 N.Y.S.2d 696 (N.Y. Ct. App. 2010).

Pincite

Opinion

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

Petitioner commenced this CPLR article 78 proceeding to challenge a tier III prison disciplinary determination finding him guilty, as modified upon administrative review, of harassment. The Attorney General has advised the Court that the subject determination has been administratively reversed and all references thereto expunged from petitioner’s institutional record. Accordingly, petitioner has received all the relief to which he is entitled, and this proceeding is dismissed as moot (see Matter of Lopez v Fischer, 69 AD3d 1265, 1266 [2010]).

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

Free access — add to your briefcase to read the full text and ask questions with AI

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

Petitioner commenced this CPLR article 78 proceeding to challenge a tier III prison disciplinary determination finding him guilty, as modified upon administrative review, of harassment. The Attorney General has advised the Court that the subject determination has been administratively reversed and all references thereto expunged from petitioner’s institutional record. Accordingly, petitioner has received all the relief to which he is entitled, and this proceeding is dismissed as moot (see Matter of Lopez v Fischer, 69 AD3d 1265, 1266 [2010]).

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

Cite This Page — Counsel Stack

Bluebook (online)

73 A.D.3d 1372, 900 N.Y.S.2d 696, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fulton-v-crystal-nyappdiv-2010.

Opinion

Related

Cite This Page — Counsel Stack