Sherman v. LaValley

Appellate Division of the Supreme Court of New York

Sherman v. LaValley

89 A.D.3d 1337, 932 N.Y.2d 917

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

DecidedNovember 23, 2011

StatusPublished

Cited by3 cases

This text of 89 A.D.3d 1337 (Sherman v. LaValley) 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

Sherman v. LaValley, 89 A.D.3d 1337, 932 N.Y.2d 917 (N.Y. Ct. App. 2011).

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Opinion

Petitioner commenced this CPLR article 78 proceeding to challenge a prison disciplinary determination, following a tier II disciplinary hearing, finding him guilty of harassment, misuse of state property and refusing a direct order. 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 surcharge has been credited back to his inmate account. Inasmuch as petitioner has received all the relief to which he is entitled, the matter must be dismissed as moot (see Matter of Valdez v Fischer, 85 AD3d 1264, 1265 [2011]; Matter of Rogers v Fischer, 81 AD3d 1025, 1025 [2011]).

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

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Petitioner commenced this CPLR article 78 proceeding to challenge a prison disciplinary determination, following a tier II disciplinary hearing, finding him guilty of harassment, misuse of state property and refusing a direct order. 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 surcharge has been credited back to his inmate account. Inasmuch as petitioner has received all the relief to which he is entitled, the matter must be dismissed as moot (see Matter of Valdez v Fischer, 85 AD3d 1264, 1265 [2011]; Matter of Rogers v Fischer, 81 AD3d 1025, 1025 [2011]).

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

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Bluebook (online)

89 A.D.3d 1337, 932 N.Y.2d 917, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sherman-v-lavalley-nyappdiv-2011.

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