Matter of Fulton v Crystal

Matter of Fulton v Crystal 2010 NY Slip Op 04313 [73 AD3d 1372] May 20, 2010 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, June 30, 2010

In the Matter of Alvin Fulton, Jr., Petitioner, v N. Crystal, as Correction Counselor, et al., Respondents.

—[*1] Alvin Fulton Jr., Dannemora, petitioner pro se. Andrew M. Cuomo, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondents.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Washington County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding to challenge a tier III prison disciplinary determination finding him guilty, as modified upon administrative review, of harassment. The Attorney General has advised the Court that the subject determination has been administratively reversed and all references thereto expunged from petitioner's institutional record. Accordingly, petitioner has received all the relief to which he is entitled, and this proceeding is dismissed as moot (see Matter of Lopez v Fischer, 69 AD3d 1265, 1266 [2010]).

Mercure, J.P., Peters, Rose, Kavanagh and Garry, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.