Shorter v. Fischer

Appellate Division of the Supreme Court of New York

Shorter v. Fischer

63 A.D.3d 1333, 880 N.Y.S.2d 576

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

DecidedJune 11, 2009

StatusPublished

Cited by1 cases

This text of 63 A.D.3d 1333 (Shorter 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

Shorter v. Fischer, 63 A.D.3d 1333, 880 N.Y.S.2d 576 (N.Y. Ct. App. 2009).

Pincite

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 a number of prison disciplinary rules. The Attorney General has advised that the determination at issue has been administratively reversed and that all references thereto have been expunged from petitioner’s institutional record. In view of this and since petitioner has received all the relief to which he is entitled, the matter is dismissed as moot (see Matter of Rock v Fischer, 57 AD3d 1144, 1145 [2008]; Matter of Deal v Rivera, 56 AD3d 834 [2008]).

Cardona, PJ., Spain, Kane, Malone Jr. and Stein, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

Free access — add to your briefcase to read the full text and ask questions with AI

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 a number of prison disciplinary rules. The Attorney General has advised that the determination at issue has been administratively reversed and that all references thereto have been expunged from petitioner’s institutional record. In view of this and since petitioner has received all the relief to which he is entitled, the matter is dismissed as moot (see Matter of Rock v Fischer, 57 AD3d 1144, 1145 [2008]; Matter of Deal v Rivera, 56 AD3d 834 [2008]).

Cardona, PJ., Spain, Kane, Malone Jr. and Stein, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

Cite This Page — Counsel Stack

Bluebook (online)

63 A.D.3d 1333, 880 N.Y.S.2d 576, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shorter-v-fischer-nyappdiv-2009.

Opinion

Related

Cite This Page — Counsel Stack