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Wright v. Fischer

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


June 17, 2010

IN THE MATTER OF GREGORY WRIGHT, PETITIONER,
v.
BRIAN FISCHER, AS COMMISSIONER OF CORRECTIONAL SERVICES, RESPONDENT.

MEMORANDUM AND JUDGMENT

Calendar Date: May 12, 2010

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

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Chemung County) to review a determination of respondent 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 hearing finding him guilty of violating two prison disciplinary rules. The Attorney General has advised this Court that the determination at issue has been administratively reversed, all references thereto have been expunged from petitioner's institutional record and the mandatory $5 surcharge has been restored to petitioner's inmate account. In view of this, and inasmuch as petitioner has been given all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Lafferty v Fischer, 61 AD3d 1235 [2009]; Matter of Townsley v Fischer, 58 AD3d 1048 [2009]).

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

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

20100617

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