Appellate Division of the Supreme Court of New York, 2011

Joseph v. LaClair

Appellate Division of the Supreme Court of New York · Decided August 4, 2011

87 A.D.3d 780; 927 N.Y.2d 806

Cases that cite this one

1 later published case cites this decision.

Kalwasinski v. Bezio (Appellate Division of the Supreme Court of New York 2012)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating a number of prison disciplinary rules. The Attorney General has advised this Court that the determination has been administratively re*781versed, all references thereto have been expunged from petitioner’s institutional record and the mandatory surcharge has been credited to petitioner’s inmate account. In view of this and given that petitioner has received all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Charles v Bezio, 80 AD3d 975 [2011]; Matter of Avincola v Fischer, 74 AD3d 1672 [2010], lv denied 15 NY3d 711 [2010]).

Mercure, J.E, Lahtinen, Malone Jr., Garry and Egan Jr., JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.