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Hart v. Fischer

Appellate Division of the Supreme Court of New York, Third Department
Mar 19, 2009
60 A.D.3d 1226 (N.Y. App. Div. 2009)

Opinion

No. 505044.

March 19, 2009.

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.

Zebadiah Hart, Dannemora, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.

Before: Cardona, P.J., Peters, Lahtinen, Malone Jr. and Stein, JJ.


Petitioner, a prison inmate, commenced this proceeding challenging a tier III disciplinary determination finding him guilty of possessing a weapon. The Attorney General has advised this Court 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 York v Fischer, 55 AD3d 1096; Matter of Rivera v Brown, 54 AD3d 1089).

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


Summaries of

Hart v. Fischer

Appellate Division of the Supreme Court of New York, Third Department
Mar 19, 2009
60 A.D.3d 1226 (N.Y. App. Div. 2009)
Case details for

Hart v. Fischer

Case Details

Full title:In the Matter of ZEBADIAH HART, 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 1226 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 1899
874 N.Y.S.2d 396

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