Green v. Fischer

Appellate Division of the Supreme Court of New York

Green v. Fischer

74 A.D.3d 1645, 902 N.Y.S.2d 451

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

DecidedJune 24, 2010

StatusPublished

Cited by1 cases

This text of 74 A.D.3d 1645 (Green 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

Green v. Fischer, 74 A.D.3d 1645, 902 N.Y.S.2d 451 (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 Chemung County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, was found guilty of assaulting an inmate and committing a sex offense following a tier III disciplinary hearing. The Attorney General has informed this Court that the determination has been reversed administratively and all references thereto have been expunged from petitioner’s institutional record. As such, petitioner has received all the relief to which he is entitled, and the matter must be dismissed as moot (see Matter of Mercer v Artus, 70 AD3d 1073 [2010]; Matter of Burse v Bezio, 69 AD3d 1068 [2010]).

Mercure, J.P., Spain, Lahtinen, McCarthy and Egan Jr., 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 Chemung County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, was found guilty of assaulting an inmate and committing a sex offense following a tier III disciplinary hearing. The Attorney General has informed this Court that the determination has been reversed administratively and all references thereto have been expunged from petitioner’s institutional record. As such, petitioner has received all the relief to which he is entitled, and the matter must be dismissed as moot (see Matter of Mercer v Artus, 70 AD3d 1073 [2010]; Matter of Burse v Bezio, 69 AD3d 1068 [2010]).

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

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Bluebook (online)

74 A.D.3d 1645, 902 N.Y.S.2d 451, Counsel Stack Legal Research, https://law.counselstack.com/opinion/green-v-fischer-nyappdiv-2010.

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