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Rock v. Fischer

NEW YORK SUPREME COURT, APPELLATE DIVISION, THIRD DEPARTMENT


December 11, 2008

IN THE MATTER OF EDWARD ROCK JR., PETITIONER,
v.
BRIAN FISCHER, AS COMMISSIONER OF CORRECTIONAL SERVICES, RESPONDENT.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Calendar Date: October 27, 2008

Before: Mercure, J.P., Peters, Rose, Lahtinen and Kavanagh, JJ.

MEMORANDUM AND JUDGMENT

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.

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding seeking to annul a tier III disciplinary determination finding him guilty of harassment. The Attorney General has advised this Court that the determination in issue has been administratively reversed, all references thereto have been expunged from petitioner's institutional record and the mandatory surcharge imposed has been refunded to petitioner. As such, petitioner has been afforded all of the relief to which he is entitled and this matter must be dismissed as moot (see Matter of Grigger v Bisceglia, 54 AD3d 480, 480 [2008], lv denied 11 NY3d 707 [2008]).

Mercure, J.P., Peters, Rose, Lahtinen and Kavanagh, JJ., concur.

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

20081211

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