Walker v. Fischer

Appellate Division of the Supreme Court of New York

Walker v. Fischer

100 A.D.3d 1174, 953 N.Y.S.2d 907

Appellate Division of the Supreme Court of the State of New York·Decided November 15, 2012·Published·Cited by 4 cases

Opinion

— Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in St. Lawrence 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 various disciplinary rules. The Attorney General has advised 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 $5 surcharge has been refunded to petitioner’s inmate account. In view of this, petitioner has received all the relief to which he is entitled and, therefore, the petition is dismissed as moot (see Matter of Scott v Prack, 97 AD3d 861 [2012]).

Peters, P.J., Lahtinen, Kavanagh, Stein and Egan Jr., 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 St. Lawrence 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 various disciplinary rules. The Attorney General has advised 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 $5 surcharge has been refunded to petitioner’s inmate account. In view of this, petitioner has received all the relief to which he is entitled and, therefore, the petition is dismissed as moot (see Matter of Scott v Prack, 97 AD3d 861 [2012]).

Peters, P.J., Lahtinen, Kavanagh, Stein and Egan Jr., JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

Walker v. Fischer, 100 A.D.3d 1174, 953 N.Y.S.2d 907 (N.Y. Ct. App. 2012).

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Opinion

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