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In re Brown

Appellate Division of the Supreme Court of New York, Third Department
Oct 7, 2010
77 A.D.3d 1004 (N.Y. App. Div. 2010)

Opinion

No. 508610.

October 7, 2010.

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.

Kurell Brown, Malone, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.

Before: Cardona, P.J., Spain, Kavanagh, Stein and Egan Jr., JJ.


Petitioner, a prison inmate, was found guilty of the use of a controlled substance following a tier III disciplinary hearing. The Attorney General has informed this Court that the determination has been reversed administratively and all references thereto have been expunged from petitioner's institutional record. As such, petitioner has received all the relief to which he is entitled, and the matter must be dismissed as moot ( see Matter of Ortiz v Fischer, 71 AD3d 1244; Matter of Johnson v Fischer, 67 AD3d 1217).

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


Summaries of

In re Brown

Appellate Division of the Supreme Court of New York, Third Department
Oct 7, 2010
77 A.D.3d 1004 (N.Y. App. Div. 2010)
Case details for

In re Brown

Case Details

Full title:In the Matter of KURELL BROWN, Petitioner, v. BRIAN FISCHER, as…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Oct 7, 2010

Citations

77 A.D.3d 1004 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 7099
908 N.Y.S.2d 376

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The Attorney General has advised this Court that the determination has been administratively reversed and all…

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