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In re Blackshear

Supreme Court of New York, Third Department

June 13, 2013

In the Matter of KEVIN D. BLACKSHEAR, Petitioner,
v.
BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

Calendar Date: May 6, 2013

Kevin D. Blackshear, Ogdensburg, petitioner pro se.

Eric T. Schneiderman, Attorney General, Albany (Frank K. Walsh of counsel), for respondent.

Before: Rose, J.P., Stein, Spain and Garry, 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 commenced this CPLR article 78 proceeding to challenge a prison disciplinary determination finding him guilty of drug possession. The Attorney General has advised this Court that the determination has been administratively reversed, all references thereto expunged from petitioner's institutional record and the mandatory surcharge refunded. Contrary to petitioner's contention, he has received all the relief to which he is entitled and, accordingly, this proceeding is dismissed as moot (see Matter of Lopez v Fischer, 102 A.D.3d 1025, 1025 [2013]; Matter of Harding v Fischer, 102 A.D.3d 1022, 1023 [2013]).

Rose, J.P., Stein, Spain and Garry, JJ., concur.

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


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