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Lamb v. Fischer

Appellate Division of the Supreme Court of New York, Third Department
Mar 27, 2008
49 A.D.3d 1119 (N.Y. App. Div. 2008)

Opinion

No. 503118.

March 27, 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 certain prison disciplinary rules.

George Lamb, Moravia, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Peter H. Schiff of counsel), for respondents.

Before: Mercure, J.P., Peters, Carpinello, Kane and Malone Jr., JJ.


Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination which found him guilty of counterfeiting and possession of stolen property. The Attorney General has advised this Court that the determination in issue has been administratively reversed and all references thereto have been expunged from petitioner's institutional record. Thus, because petitioner has been afforded all of the relief to which he is entitled, this matter is now dismissed as moot ( see Matter of Lewis v Goord, 43 AD3d 1240).

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


Summaries of

Lamb v. Fischer

Appellate Division of the Supreme Court of New York, Third Department
Mar 27, 2008
49 A.D.3d 1119 (N.Y. App. Div. 2008)
Case details for

Lamb v. Fischer

Case Details

Full title:In the Matter of GEORGE LAMB, Petitioner, v. BRIAN S. FISCHER, as…

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

Date published: Mar 27, 2008

Citations

49 A.D.3d 1119 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 2725
856 N.Y.S.2d 894

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