Matter of Collins v Fischer

Matter of Collins v Fischer 2009 NY Slip Op 09359 [68 AD3d 1425] December 17, 2009 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

In the Matter of Junior Collins, Petitioner, v Brian Fischer, as Commissioner of Correctional Services, Respondent.

—[*1] Junior Collins, 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, commenced this CPLR article 78 proceeding challenging a determination finding him guilty of using a controlled substance. The Attorney General has advised this Court that the determination has been administratively reversed and all references thereto expunged from petitioner's institutional record. Accordingly, as petitioner has received all the relief to which he is entitled, this matter is dismissed as moot (see Matter of Hart v Fischer, 60 AD3d 1226 [2009]; Matter of Aponte v Fischer, 58 AD3d 997 [2009]).

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