Lamage v. Fischer

Appellate Division of the Supreme Court of New York

Lamage v. Fischer

76 A.D.2d 734, 905 N.Y.S.2d 522

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

DecidedAugust 5, 2010

StatusPublished

This text of 76 A.D.2d 734 (Lamage 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

Lamage v. Fischer, 76 A.D.2d 734, 905 N.Y.S.2d 522 (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 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 determination finding him guilty of violating two 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. Given that petitioner has been granted all the relief to which he is entitled and is no longer aggrieved, the matter must be dismissed as moot (see Matter of Medina v Selsky, 28 AD3d 898, 898 [2006]; Matter of Basden v Goord, 19 AD3d 838, 839 [2005]).

Spain, J.P., Rose, Kavanagh, Stein and Egan Jr., JJ., concur. Adjudged that the petition is dismissed, as moot, without costs, but with a refund of the mandatory surcharge in the amount of $5.

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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 determination finding him guilty of violating two 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. Given that petitioner has been granted all the relief to which he is entitled and is no longer aggrieved, the matter must be dismissed as moot (see Matter of Medina v Selsky, 28 AD3d 898, 898 [2006]; Matter of Basden v Goord, 19 AD3d 838, 839 [2005]).

Spain, J.P., Rose, Kavanagh, Stein and Egan Jr., JJ., concur. Adjudged that the petition is dismissed, as moot, without costs, but with a refund of the mandatory surcharge in the amount of $5.

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Bluebook (online)

76 A.D.2d 734, 905 N.Y.S.2d 522, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lamage-v-fischer-nyappdiv-2010.

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