Griffin v. Fischer

Appellate Division of the Supreme Court of New York

Griffin v. Fischer

116 A.D.3d 1305, 983 N.Y.S.2d 908

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

DecidedApril 24, 2014

StatusPublished

This text of 116 A.D.3d 1305 (Griffin 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

Griffin v. Fischer, 116 A.D.3d 1305, 983 N.Y.S.2d 908 (N.Y. Ct. App. 2014).

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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 certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding challenging a tier III prison disciplinary determination. The Attorney General has advised this Court that the determination has been administratively reversed and all references thereto have been expunged from petitioner’s institutional record. In view of this, and given that petitioner has received all the relief to which he is entitled, the matter is dismissed as moot (see Matter of Harding v Fischer, 102 AD3d 1022, 1023 [2013]).

Peters, EJ., Stein, Garry and Rose, 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 certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding challenging a tier III prison disciplinary determination. The Attorney General has advised this Court that the determination has been administratively reversed and all references thereto have been expunged from petitioner’s institutional record. In view of this, and given that petitioner has received all the relief to which he is entitled, the matter is dismissed as moot (see Matter of Harding v Fischer, 102 AD3d 1022, 1023 [2013]).

Peters, EJ., Stein, Garry and Rose, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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Bluebook (online)

116 A.D.3d 1305, 983 N.Y.S.2d 908, Counsel Stack Legal Research, https://law.counselstack.com/opinion/griffin-v-fischer-nyappdiv-2014.

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