Opinion
06-23-2016
In the Matter of George CHAVIS, Appellant, v. Brian FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.
George Chavis, Stormville, appellant pro se. Eric T. Schneiderman, Attorney General, Albany (Allyson B. Levine of counsel), for respondent.
George Chavis, Stormville, appellant pro se.
Eric T. Schneiderman, Attorney General, Albany (Allyson B. Levine of counsel), for respondent.
Appeal from a judgment of the Supreme Court (Hayden, J.), entered September 23, 2014 in Chemung County, which, in a proceeding pursuant to CPLR article 78, granted respondent's motion to dismiss the petition.
Petitioner commenced this CPLR article 78 proceeding challenging a prison disciplinary determination finding him guilty of making threats and harassment. Respondent moved to dismiss the petition noting that the determination of guilt had been administratively reversed and a new hearing ordered. Supreme Court dismissed the petition as moot and this appeal ensued.
We affirm. Petitioner's challenge to the initial determination was moot once that determination was administratively reversed and a new hearing ordered (see Matter of Boykin v. Prack, 137 A.D.3d 1393, 1394, 27 N.Y.S.3d 704 [2016] ; Matter of Hamilton v. Selsky, 13 A.D.3d 844, 845, 785 N.Y.S.2d 811 [2004], lv. denied 5 N.Y.3d 704, 801 N.Y.S.2d 1, 834 N.E.2d 780 [2005] ; Matter of Lebron v. Goord, 309 A.D.2d 1034, 1034, 766 N.Y.S.2d 127 [2003], lv. denied 3 N.Y.3d 602, 782 N.Y.S.2d 405, 816 N.E.2d 195 [2004] ). We are unpersuaded by petitioner's contention that a rehearing, and not expungement, was improper (see Matter of Boykin v. Prack, 137 A.D.3d at 1394, 27 N.Y.S.3d 704 ). To the extent that petitioner challenges the determination resulting from the rehearing, the rehearing occurred after the commencement of this proceeding and, therefore, any challenges thereto are not properly before this Court.
ORDERED that the judgment is affirmed, without costs.
LAHTINEN, J.P., McCARTHY, EGAN JR., DEVINE and AARONS, JJ., concur.