Lamb v. Fischer

Appellate Division of the Supreme Court of New York

Lamb v. Fischer

49 A.D.3d 1119, 856 N.Y.2d 894

Appellate Division of the Supreme Court of the State of New York·Decided March 27, 2008·Published·Cited by 1 cases

Opinion

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination which found him guilty of counterfeiting and possession of stolen property. The Attorney General has advised this Court that the determination in issue has been administratively reversed and all references thereto have been expunged from petitioner’s institutional record. Thus, because petitioner has been afforded all of the relief to which he is entitled, this matter is now dismissed as moot (see Matter of Lewis v Goord, 43 AD3d 1240 [2007]).

Mercure, J.P., Peters, Carpinello, Kane and Malone Jr., JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination which found him guilty of counterfeiting and possession of stolen property. The Attorney General has advised this Court that the determination in issue has been administratively reversed and all references thereto have been expunged from petitioner’s institutional record. Thus, because petitioner has been afforded all of the relief to which he is entitled, this matter is now dismissed as moot (see Matter of Lewis v Goord, 43 AD3d 1240 [2007]).

Mercure, J.P., Peters, Carpinello, Kane and Malone Jr., JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

Lamb v. Fischer, 49 A.D.3d 1119, 856 N.Y.2d 894 (N.Y. Ct. App. 2008).

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Opinion

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