VanNess v. Fischer

Appellate Division of the Supreme Court of New York

VanNess v. Fischer

89 A.D.3d 1248, 932 N.Y.2d 385

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

DecidedNovember 10, 2011

StatusPublished

Cited by6 cases

This text of 89 A.D.3d 1248 (VanNess 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

VanNess v. Fischer, 89 A.D.3d 1248, 932 N.Y.2d 385 (N.Y. Ct. App. 2011).

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Opinion

Petitioner commenced this CPLR article 78 proceeding to challenge a determination rendered after a tier III disciplinary hearing finding him guilty of possessing a weapon. Supreme Court dismissed the petition and petitioner now appeals. 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 $5 mandatory surcharge has been returned to his [1249]*1249inmate account. As a result, petitioner has received all the relief to which he is entitled and the matter is dismissed as moot (see Matter of Edmonson v Fischer, 79 AD3d 1547 [2010]; Matter of Hanson v Bezio, 79 AD3d 1569 [2010]).

Peters, J.P, Rose, Malone Jr., Stein and Garry, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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Petitioner commenced this CPLR article 78 proceeding to challenge a determination rendered after a tier III disciplinary hearing finding him guilty of possessing a weapon. Supreme Court dismissed the petition and petitioner now appeals. 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 $5 mandatory surcharge has been returned to his [1249]*1249inmate account. As a result, petitioner has received all the relief to which he is entitled and the matter is dismissed as moot (see Matter of Edmonson v Fischer, 79 AD3d 1547 [2010]; Matter of Hanson v Bezio, 79 AD3d 1569 [2010]).

Peters, J.P, Rose, Malone Jr., Stein and Garry, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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Bluebook (online)

89 A.D.3d 1248, 932 N.Y.2d 385, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vanness-v-fischer-nyappdiv-2011.

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