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In the Matter of David Quinones v. Brian Fischer

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


March 17, 2011

IN THE MATTER OF DAVID QUINONES, PETITIONER,
v.
BRIAN FISCHER, AS COMMISSIONER OF CORRECTIONAL SERVICES, RESPONDENT.

MEMORANDUM AND JUDGMENT

Calendar Date: February 2, 2011

Before: Rose, J.P., Lahtinen, Kavanagh and Egan Jr., JJ.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Franklin County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating a prison disciplinary rule. The Attorney General has advised this Court that the determination has been administratively reversed and expunged from petitioner's disciplinary record. Inasmuch as petitioner has received all the relief to which he is entitled, the petition is dismissed as moot (see Matter of Arroyo v Fischer, 77 AD3d 1002, 1003 [2010]; Matter of Williams v Fischer, 71 AD3d 1360, 1361 [2010]).*fn1

Rose, J.P., Lahtinen, Kavanagh and Egan Jr., JJ., concur.

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

ENTER:

Robert D. Mayberger

Clerk of the Court


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