Ippolito v. Fischer

Appellate Division of the Supreme Court of New York

Ippolito v. Fischer

87 A.D.3d 1186, 929 N.Y.2d 504

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

DecidedSeptember 15, 2011

StatusPublished

This text of 87 A.D.3d 1186 (Ippolito 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

Ippolito v. Fischer, 87 A.D.3d 1186, 929 N.Y.2d 504 (N.Y. Ct. App. 2011).

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Opinion

Fetitioner commenced this CFLR article 78 proceeding challenging a determination finding him guilty of violating several prison disciplinary rules. The Attorney General has advised this Court that the determination has been administratively reversed and that all references thereto have been expunged from petitioner’s institutional record. In view of this, and given that petitioner has been afforded all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Brooks v Hessel, 83 AD3d 1355 [2011]; Matter of Harrison v Bezio, 77 AD3d 1000 [2010]).

Mercure, J.E, Spain, Lahtinen, Kavanagh and McCarthy, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $29.70.

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Fetitioner commenced this CFLR article 78 proceeding challenging a determination finding him guilty of violating several prison disciplinary rules. The Attorney General has advised this Court that the determination has been administratively reversed and that all references thereto have been expunged from petitioner’s institutional record. In view of this, and given that petitioner has been afforded all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Brooks v Hessel, 83 AD3d 1355 [2011]; Matter of Harrison v Bezio, 77 AD3d 1000 [2010]).

Mercure, J.E, Spain, Lahtinen, Kavanagh and McCarthy, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $29.70.

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Bluebook (online)

87 A.D.3d 1186, 929 N.Y.2d 504, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ippolito-v-fischer-nyappdiv-2011.

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