Ippolito v. Fischer
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Fetitioner commenced this CFLR article 78 proceeding challenging a determination finding him guilty of violating several prison disciplinary rules. The Attorney General has advised this Court that the determination has been administratively reversed and that all references thereto have been expunged from petitioner’s institutional record. In view of this, and given that petitioner has been afforded all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Brooks v Hessel, 83 AD3d 1355 [2011]; Matter of Harrison v Bezio, 77 AD3d 1000 [2010]).
Mercure, J.E,…
2Cases cited2 opinions
- Harrison v. BezioAppellate Division of the Supreme Court of the State of New York · 2010
- Brooks v. HesselAppellate Division of the Supreme Court of the State of New York · 2011