# Brown v. Fischer

> Appellate Division of the Supreme Court of the State of New York · May 23, 2013 · 106 A.D.3d 1347

URL: https://www.frixlaw.com/law-library/cases/5928007

## Case

- **Full name:** In the Matter of Kurell Brown v. Brian Fischer, as Commissioner of Corrections and Community Supervision
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** May 23, 2013
- **Citations:** 106 A.D.3d 1347; 965 N.Y.S.2d 392
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5928007

## Opinion text

— 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.
Petitioner, an inmate, commenced this CPLR article 78 proceeding to challenge a tier III disciplinary determination finding him guilty of drug use. The Attorney General has informed this Court that the contested determination has been administratively reversed, all references thereto have been expunged from petitioner’s institutional record and the mandatory $5 surcharge has been refunded to his inmate account. Inasmuch as petitioner has received all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Murgo v Racette, 100 AD3d 1244 [2012]; Matter of Sykes v Fischer, 98 AD3d 769, 770 [2012]).
Lahtinen, J.P, Stein, McCarthy and Egan Jr., JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5928007. Public record. Not legal advice.