Matter of Green v Fischer

Matter of Green v Fischer 2010 NY Slip Op 05619 [74 AD3d 1645] June 24, 2010 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 25, 2010

In the Matter of Anthony Green, Petitioner, v Brian Fischer, as Commissioner of Correctional Services, Respondent.

—[*1] Krin Flaherty, Prisoners' Legal Services, Ithaca, for petitioner.

Andrew M. Cuomo, Attorney General, Albany (Frank K. Walsh of counsel), for respondent.

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

Petitioner, a prison inmate, was found guilty of assaulting an inmate and committing a sex offense 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 Mercer v Artus, 70 AD3d 1073 [2010]; Matter of Burse v Bezio, 69 AD3d 1068 [2010]).

Mercure, J.P., Spain, Lahtinen, McCarthy and Egan Jr., JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.