Matter of Chavis v. Fischer

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…