- Bookmark
- Share
- CaseIQ
IN RE KAIRIS
Appellate Division of the Supreme Court of New York, Third Department.
Jul 28, 2011
Important Paras
Please sign up to view Important Paras.
Petitioner, a prison inmate, commenced this CPLR article 78 proceeding to challenge a tier III disciplinary determination finding him guilty of smuggling and property damage. The Attorney General has informed this Court that the determination has been administratively reversed, all reference thereto expunged from petitioner's institutional record and the mandatory $5 surcharge credited back to his inmate account. As such, petitioner has received all the relief to which he is entitled and the petition must be dismissed as moot ( see Matter of Quinones v Fischer, 82 AD3d 1445, 1445-1446; Matter of Mastropietro v Fischer, 81 AD3d 1022).
Adjudged that the petition is dismissed, as moot, without costs.
x
Alert
Please log in or sign up for a free trial to access this feature.