Lozada v. Fischer

Appellate Division of the Supreme Court of New York

Lozada v. Fischer

65 A.D.3d 1433, 885 N.Y.S.2d 437

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

DecidedSeptember 24, 2009

StatusPublished

This text of 65 A.D.3d 1433 (Lozada 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

Lozada v. Fischer, 65 A.D.3d 1433, 885 N.Y.S.2d 437 (N.Y. Ct. App. 2009).

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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, a prison inmate, commenced this proceeding challenging a tier II disciplinary determination finding him guilty of possessing contraband and information about other inmates’ crimes and tampering with electricity. This Court has been ad[1434]*1434vised that the administrative determination at issue has been reversed and all references thereto have been expunged from petitioner’s institutional record. Accordingly, this matter is moot inasmuch as petitioner has received all the relief to which he is entitled (see Matter of Hart v Fischer, 60 AD3d 1226 [2009]; Matter of York v Fischer, 55 AD3d 1096 [2008]).

Mercure, J.P., Peters, Lahtinen, Stein and McCarthy, 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, a prison inmate, commenced this proceeding challenging a tier II disciplinary determination finding him guilty of possessing contraband and information about other inmates’ crimes and tampering with electricity. This Court has been ad[1434]*1434vised that the administrative determination at issue has been reversed and all references thereto have been expunged from petitioner’s institutional record. Accordingly, this matter is moot inasmuch as petitioner has received all the relief to which he is entitled (see Matter of Hart v Fischer, 60 AD3d 1226 [2009]; Matter of York v Fischer, 55 AD3d 1096 [2008]).

Mercure, J.P., Peters, Lahtinen, Stein and McCarthy, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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Bluebook (online)

65 A.D.3d 1433, 885 N.Y.S.2d 437, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lozada-v-fischer-nyappdiv-2009.

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