Matter of McDonald v Fischer

Matter of McDonald v Fischer 2013 NY Slip Op 07904 Decided on November 27, 2013 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided and Entered: November 27, 2013
516133

[*1]In the Matter of KASHIF McDONALD, Petitioner,

v

BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

Calendar Date: October 22, 2013
Before: Peters, P.J., Stein, McCarthy and Spain, JJ.


Kashif McDonald, Dannemora, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany
(Peter H. Schiff of counsel), for respondent.


MEMORANDUM AND JUDGMENT

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 to challenge a tier III disciplinary determination finding him guilty of assault on an inmate. The Attorney General has informed this Court that, during the pendency of this proceeding, the determination has been administratively reversed and all references thereto have been expunged from petitioner's institutional record. Inasmuch as petitioner has received all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Oliver v Fischer, 107 AD3d 1276, 1277 [2013]; Matter of Canales-Sanchez v Schneiderman, 107 AD3d 1258, 1259 [2013]).

Peters, P.J., Stein, McCarthy and Spain, JJ., concur.

ADJUDGED that the petition is dismissed, as moot, without costs.