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Beverly v. Fischer

State of New York Supreme Court, Appellate Division Third Judicial Department


January 14, 2010

IN THE MATTER OF ADJOWAH BEVERLY, PETITIONER,
v.
BRIAN FISCHER, AS COMMISSIONER OF CORRECTIONAL SERVICES, ET AL., RESPONDENTS.

MEMORANDUM AND JUDGMENT

Calendar Date: November 4, 2009

Before: Peters, J.P., Rose, Malone Jr., Stein and Garry, JJ.

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 Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Following a tier III disciplinary hearing, petitioner was found guilty of possessing gang-related materials. The determination was later affirmed on administrative appeal, resulting in this CPLR article 78 proceeding.

The Attorney General has advised this Court that, since the commencement of the subject CPLR article 78 proceeding, the determination at issue has been administratively reversed and all references thereto expunged from petitioner's institutional record. Given that petitioner has been granted all the relief to which he is entitled, the matter is dismissed as moot (see Matter of Hardy v Bezio, 60 AD3d 1229 [2009]).*fn1

Peters, J.P., Rose, Malone Jr., Stein and Garry, JJ., concur.

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


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