Wright v. Fischer

Appellate Division of the Supreme Court of New York

Wright v. Fischer

74 A.D.3d 1590, 902 N.Y.S.2d 436

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

DecidedJune 17, 2010

StatusPublished

Cited by1 cases

This text of 74 A.D.3d 1590 (Wright 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

Wright v. Fischer, 74 A.D.3d 1590, 902 N.Y.S.2d 436 (N.Y. Ct. App. 2010).

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Opinion

Proceeding pursuant to CFLR article 78 (transferred to this Court by order of the Supreme Court, entered in Chemung County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Fetitioner commenced this CPLR article 78 proceeding challenging a determination rendered after a tier III hearing finding him guilty of violating two prison disciplinary rules. The Attorney General has advised this Court that the determination at issue has been administratively reversed, all references thereto [1591]*1591have been expunged from petitioner’s institutional record and the mandatory $5 surcharge has been restored to petitioner’s inmate account. In view of this, and inasmuch as petitioner has been given all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Lafferty v Fischer, 61 AD3d 1235 [2009]; Matter of Townsley v Fischer, 58 AD3d 1048 [2009]).

Cardona, P.J., Peters, Rose, Malone Jr. and Garry, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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Proceeding pursuant to CFLR article 78 (transferred to this Court by order of the Supreme Court, entered in Chemung County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Fetitioner commenced this CPLR article 78 proceeding challenging a determination rendered after a tier III hearing finding him guilty of violating two prison disciplinary rules. The Attorney General has advised this Court that the determination at issue has been administratively reversed, all references thereto [1591]*1591have been expunged from petitioner’s institutional record and the mandatory $5 surcharge has been restored to petitioner’s inmate account. In view of this, and inasmuch as petitioner has been given all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Lafferty v Fischer, 61 AD3d 1235 [2009]; Matter of Townsley v Fischer, 58 AD3d 1048 [2009]).

Cardona, P.J., Peters, Rose, Malone Jr. and Garry, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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Bluebook (online)

74 A.D.3d 1590, 902 N.Y.S.2d 436, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wright-v-fischer-nyappdiv-2010.

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