Pujals v. Fischer

Appellate Division of the Supreme Court of New York

Pujals v. Fischer

50 A.D.3d 1438, 854 N.Y.S.2d 918

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

DecidedApril 24, 2008

StatusPublished

Cited by1 cases

This text of 50 A.D.3d 1438 (Pujals 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

Pujals v. Fischer, 50 A.D.3d 1438, 854 N.Y.S.2d 918 (N.Y. Ct. App. 2008).

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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 a prison disciplinary rule.

Petitioner, an inmate, commenced this CPLR article 78 proceeding seeking to annul the determination finding him guilty of violating the prison disciplinary rule prohibiting illicit drug use. The Attorney General has advised this Court that the determination in question has been administratively reversed and all references thereto have been expunged from petitioner’s institutional record. Accordingly, we note that petitioner has been afforded all of the relief to which he is entitled and dismiss the matter as moot (see Matter of Rodriguez v Leclaire, 44 AD3d 1205, 1206 [2007]).

Peters, J.P., Spain, Kane, Malone Jr. and Kavanagh, 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 a prison disciplinary rule.

Petitioner, an inmate, commenced this CPLR article 78 proceeding seeking to annul the determination finding him guilty of violating the prison disciplinary rule prohibiting illicit drug use. The Attorney General has advised this Court that the determination in question has been administratively reversed and all references thereto have been expunged from petitioner’s institutional record. Accordingly, we note that petitioner has been afforded all of the relief to which he is entitled and dismiss the matter as moot (see Matter of Rodriguez v Leclaire, 44 AD3d 1205, 1206 [2007]).

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

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Bluebook (online)

50 A.D.3d 1438, 854 N.Y.S.2d 918, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pujals-v-fischer-nyappdiv-2008.

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