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In re Bridgeforth

Appellate Division of the Supreme Court of New York, Third Department
Nov 19, 2009
67 A.D.3d 1230 (N.Y. App. Div. 2009)

Opinion

No. 506844.

November 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 certain prison disciplinary rules.

Otis Bridgeforth, Malone, petitioner pro se.

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

Before: Peters, J.P., Spain, Kavanagh, Stein and McCarthy, JJ., concur.


Petitioner, an inmate at Southport Correction Facility in Chemung County, commenced this proceeding challenging a tier III disciplinary determination finding him guilty of interference with an employee and lewd conduct. 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, this matter must be dismissed as moot, inasmuch as petitioner has received all the relief to which he is entitled ( see Matter of McCaskell v Fischer, 65 AD3d 771; Matter of Hart v Fischer, 60 AD3d 1226).

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


Summaries of

In re Bridgeforth

Appellate Division of the Supreme Court of New York, Third Department
Nov 19, 2009
67 A.D.3d 1230 (N.Y. App. Div. 2009)
Case details for

In re Bridgeforth

Case Details

Full title:In the Matter of OTIS BRIDGEFORTH, Petitioner, v. BRIAN FISCHER, as…

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

Date published: Nov 19, 2009

Citations

67 A.D.3d 1230 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 8545
888 N.Y.S.2d 442