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In re Brown

Supreme Court of New York, Third Department

May 23, 2013

In the Matter of KURELL BROWN, Petitioner,
v.
BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

Calendar Date: April 3, 2013

Kurell Brown, Malone, petitioner pro se.

Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.

Before: Lahtinen, J.P., Stein, McCarthy and Egan Jr., JJ.

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, an inmate, commenced this CPLR article 78 proceeding to challenge a tier III disciplinary determination finding him guilty of drug use. The Attorney General has informed this Court that the contested determination has been administratively reversed, all references thereto have been expunged from petitioner's institutional record and the mandatory $5 surcharge has been refunded to his inmate account. Inasmuch as petitioner has received all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Murgo v Racette, 100 A.D.3d 1244 [2012]; Matter of Sykes v Fischer, 98 A.D.3d 769, 770 [2012]).

Lahtinen, J.P., Stein, McCarthy and Egan Jr., JJ., concur.

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


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