Jones v. Fischer

Appellate Division of the Supreme Court of New York

Jones v. Fischer

113 A.D.3d 1014, 978 N.Y.2d 924

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

DecidedJanuary 30, 2014

StatusPublished

Cited by1 cases

This text of 113 A.D.3d 1014 (Jones 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

Jones v. Fischer, 113 A.D.3d 1014, 978 N.Y.2d 924 (N.Y. Ct. App. 2014).

Pincite

Opinion

Following a tier II disciplinary proceeding, petitioner, a prison inmate, was found guilty of stealing and property damage after 183 pages of legal work, that apparently belonged to him but for which he had not paid, were found secreted in a garbage can. The Attorney General has informed this Court that the determination at issue has been administratively reversed, all references thereto have been expunged from petitioner’s institutional record and the mandatory $5 surcharge, along with $18 in restitution, have been credited to his inmate account. Accord[1015]*1015ingly, petitioner has received all the relief to which he is entitled and the petition must be dismissed as moot (see Matter of Hinton v Rock, 108 AD3d 981, 981-982 [2013]; Matter of Jimenez v Fischer, 108 AD3d 958 [2013]).

Peters, P.J., Rose, Lahtinen and Egan Jr., 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

Following a tier II disciplinary proceeding, petitioner, a prison inmate, was found guilty of stealing and property damage after 183 pages of legal work, that apparently belonged to him but for which he had not paid, were found secreted in a garbage can. The Attorney General has informed this Court that the determination at issue has been administratively reversed, all references thereto have been expunged from petitioner’s institutional record and the mandatory $5 surcharge, along with $18 in restitution, have been credited to his inmate account. Accord[1015]*1015ingly, petitioner has received all the relief to which he is entitled and the petition must be dismissed as moot (see Matter of Hinton v Rock, 108 AD3d 981, 981-982 [2013]; Matter of Jimenez v Fischer, 108 AD3d 958 [2013]).

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

Cite This Page — Counsel Stack

Bluebook (online)

113 A.D.3d 1014, 978 N.Y.2d 924, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-fischer-nyappdiv-2014.

Opinion

Related

Cite This Page — Counsel Stack