AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Advocates
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Advocates
Judges

In the Matter of ELBERT WELCH, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Ser

Petitioner, an inmate, commenced this CPLR article 78 proceeding seeking to annul a tier III disciplinary determination which found him guilty of interference with an employee, lying and providing unauthorized legal assistance to another inmate. The Attorney General has advised this Court that the determination at issue has been administratively reversed and all references thereto have been expunged from petitioner's institutional record. To the extent that petitioner seeks to be restored to the status he enjoyed prior to the disciplinary hearing, "inmates have no statutory or constitutional right to their prior housing or programming status" ( Matter of Jackson v Coughlin, 199 AD2d 704, 704; see Matter of Thomas v Selsky, 286 AD2d 535, 535, appeal dismissed 97 NY2d 637). Accordingly, inasmuch as petitioner has received all the relief to which he was entitled, the proceeding is dismissed as moot ( see Matter of Mosher v Goord, 300 AD2d 726, 726).

Adjudged that the petition is dismissed, as moot, without costs.

Use AI to get other relevant cases.

Comments

IN RE WELCH
(Dec 31, 2009)