MATTER OF CHAVIS v. FISCHER

521157.

140 A.D.3d 1489 (2016)

33 N.Y.S.3d 771

2016 NY Slip Op 04987

In the Matter of GEORGE CHAVIS, Appellant, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided June 23, 2016.


Petitioner commenced this CPLR article 78 proceeding challenging a prison disciplinary determination finding him guilty of making threats and harassment. Respondent moved to dismiss the petition noting that the determination of guilt had been administratively reversed and a new hearing ordered. Supreme Court dismissed the petition as moot and this appeal ensued.

We affirm. Petitioner's challenge to the initial determination was moot once that determination was administratively...

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