Smart v. Fischer

Appellate Division of the Supreme Court of New York

Smart v. Fischer

65 A.D.3d 1436, 885 N.Y.S.2d 438

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

DecidedSeptember 24, 2009

StatusPublished

This text of 65 A.D.3d 1436 (Smart 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

Smart v. Fischer, 65 A.D.3d 1436, 885 N.Y.S.2d 438 (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 a certain prison disciplinary rule.

Petitioner, a prison inmate, commenced this proceeding challenging a tier III disciplinary determination finding him guilty of “demonstration.” The Attorney General has advised this Court that the administrative determination at issue has been reversed and all references thereto have been expunged from petitioner’s institutional record. Accordingly, petitioner has received all the relief to which he is entitled and this matter is therefore moot (see Matter of Hart v Fischer, 60 AD3d 1226 [2009]; Matter of York v Fischer, 55 AD3d 1096 [2008]).

Mercure, J.P., Rose, Kane, Stein and Garry, 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 certain prison disciplinary rule.

Petitioner, a prison inmate, commenced this proceeding challenging a tier III disciplinary determination finding him guilty of “demonstration.” The Attorney General has advised this Court that the administrative determination at issue has been reversed and all references thereto have been expunged from petitioner’s institutional record. Accordingly, petitioner has received all the relief to which he is entitled and this matter is therefore moot (see Matter of Hart v Fischer, 60 AD3d 1226 [2009]; Matter of York v Fischer, 55 AD3d 1096 [2008]).

Mercure, J.P., Rose, Kane, Stein and Garry, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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Bluebook (online)

65 A.D.3d 1436, 885 N.Y.S.2d 438, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smart-v-fischer-nyappdiv-2009.

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