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Lopez v. Fischer

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


January 28, 2010

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

MEMORANDUM AND JUDGMENT

Calendar Date: November 30, 2009

Before: Peters, J.P., Rose, Lahtinen, Kavanagh 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 the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding challenging a determination rendered after a tier III disciplinary hearing finding him guilty of violating certain prison disciplinary rules. The Attorney General has advised this Court that the subject determination has been administratively reversed and all references thereto have been expunged from petitioner's institutional record. Accordingly, given that petitioner has been accorded all the relief to which he is entitled, the matter is dismissed as moot (see Matter of Delgado v New York State Dept. of Correctional Servs., 62 AD3d 1069, 1070 [2009]; Matter of Williams v Fischer, 60 AD3d 1229 [2009]).

Peters, J.P., Rose, Lahtinen, Kavanagh and Garry, JJ., concur.

ADJUDGED that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $15.

20100128

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