Appellate Division of the Supreme Court of New York, 2011

VanNess v. Fischer

Appellate Division of the Supreme Court of New York · Decided November 10, 2011

89 A.D.3d 1248; 932 N.Y.2d 385

Cases that cite this one

6 later published cases cite this decision.

Matthews v. Artus (Appellate Division of the Supreme Court of New York 2012)
Matthews v. Artus (Appellate Division of the Supreme Court of New York 2012)
Townes v. Fischer (Appellate Division of the Supreme Court of New York 2012)
Townes v. Fischer (Appellate Division of the Supreme Court of New York 2012)
Rosales v. Prack (Appellate Division of the Supreme Court of New York 2012)
Rosales v. Prack (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 to challenge a determination rendered after a tier III disciplinary hearing finding him guilty of possessing a weapon. Supreme Court dismissed the petition and petitioner now appeals. The Attorney General has informed this Court that the determination at issue has been administratively reversed, all references thereto have been expunged from petitioner’s institutional record and the $5 mandatory surcharge has been returned to his *1249inmate account. As a result, petitioner has received all the relief to which he is entitled and the matter is dismissed as moot (see Matter of Edmonson v Fischer, 79 AD3d 1547 [2010]; Matter of Hanson v Bezio, 79 AD3d 1569 [2010]).

Peters, J.P, Rose, Malone Jr., Stein and Garry, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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