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Williams v. Fischer

Appellate Division of the Supreme Court of New York, Third Department
Mar 19, 2009
60 A.D.3d 1229 (N.Y. App. Div. 2009)

Opinion

No. 505361.

March 19, 2009.

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

Thomas Williams, Dannemora, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Martin A. Hotvet of counsel), for respondents.

Before: Lahtinen, J.P., Malone Jr., Kavanagh, Stein and McCarthy, JJ.


Petitioner, a prison inmate, commenced this proceeding challenging a tier II disciplinary determination finding him guilty of disobeying a direct order and being out of place. The Attorney General has advised this Court, by a memorandum from the Department of Correctional Services, that the administrative determination 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 dismissed as moot ( see Matter of Decker v Selsky, 53 AD3d 996; Matter of Correnti v Leclaire, 52 AD3d 1153).

Adjudged that the petition is dismissed, as moot, without costs.


Summaries of

Williams v. Fischer

Appellate Division of the Supreme Court of New York, Third Department
Mar 19, 2009
60 A.D.3d 1229 (N.Y. App. Div. 2009)
Case details for

Williams v. Fischer

Case Details

Full title:In the Matter of THOMAS WILLIAMS, Petitioner, v. BRIAN FISCHER, as…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Mar 19, 2009

Citations

60 A.D.3d 1229 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 1902
874 N.Y.S.2d 395

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