Matter of Brown v Fischer

Matter of Brown v Fischer 2010 NY Slip Op 07099 [77 AD3d 1004] October 7, 2010 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 15, 2010

In the Matter of Kurell Brown, Petitioner, v Brian Fischer, as Commissioner of Correctional Services, Respondent.

—[*1] Kurell Brown, Malone, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.

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, 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.