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York v. Fischer

Appellate Division of the Supreme Court of New York, Third Department
Oct 23, 2008
55 A.D.3d 1096 (N.Y. App. Div. 2008)

Opinion

No. 504381.

October 23, 2008.

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 prison disciplinary rule.

Before: Cardona, P.J., Spain, Carpinello, Kane and Malone Jr., JJ.


Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination finding him guilty of violating facility correspondence regulations. The Attorney General has advised this Court that the determination at hand has been administratively reversed and all references thereto have been expunged from petitioner's institutional record. Therefore, inasmuch as petitioner has received all of the relief to which he is entitled, this matter is dismissed as moot ( see Matter of Eleby v Fischer, 52 AD3d 1138, 1139).

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


Summaries of

York v. Fischer

Appellate Division of the Supreme Court of New York, Third Department
Oct 23, 2008
55 A.D.3d 1096 (N.Y. App. Div. 2008)
Case details for

York v. Fischer

Case Details

Full title:In the Matter of CHARAZZ YORK, Petitioner, v. BRIAN FISCHER, as…

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

Date published: Oct 23, 2008

Citations

55 A.D.3d 1096 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 8054
864 N.Y.S.2d 923

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