Opinion

Brown v. Fischer

  • 77 A.D.3d 1004
  • 908 N.Y.S.2d 376
  • 76 A.D.2d 1131
  • 908 N.Y.S.2d 271
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Oct 7, 2010
Status
Published
Cited by
3 cases
Authority
More cited than 85.1%

The opinion

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

*1005 Petitioner, a prison inmate, was found guilty of the use of a controlled substance following a tier III disciplinary hearing. The Attorney General has informed this Court that the determination has been reversed administratively and all references thereto have been expunged from petitioner’s institutional record. As such, petitioner has received all the relief to which he is entitled, and the matter must be dismissed as moot (see Matter of Ortiz v Fischer, 71 AD3d 1244 [2010]; Matter of Johnson v Fischer, 67 AD3d 1217 [2009]).

Cardona, P.J., Spain, Kavanagh, Stein and Egan Jr., JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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