Matter of Jackson v Fischer

Appellate Division of the Supreme Court, Third Department

Dec 11, 2008

503425

Versions:57 AD3d 1122

2008 NY Slip Op 09673

Carl Jackson, Pine City, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Marlene O. Tuczinski of counsel), for respondent.

Proceeding pursuant to CPLR 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.

Petitioner was found guilty of disobeying a direct order, failing to comply with frisk procedures and violating facility movement regulations. He thereafter commenced this CPLR article 78 proceeding seeking to annul that determination. The Attorney General, however, has advised this Court that the determination at issue has been administratively reversed and all references thereto have been expunged from petitioner‘s institutional record. Accordingly, petitioner has been afforded all of the relief to which he is entitled and this matter must be dismissed as moot (see Matter of Hale v Maly, 51 AD3d 1232, 1233 [2008]).

Cardona, P.J., Mercure, Spain, Lahtinen and Kavanagh, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.