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In re Ronald Brown

Appellate Division of the Supreme Court of New York, Third Department
Nov 19, 2009
67 A.D.3d 1223 (N.Y. App. Div. 2009)

Opinion

No. 506686.

November 19, 2009.

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.

Ronald Brown, Sonyea, petitioner pro se.

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

Before: Cardona, P.J., Spain, Lahtinen, Malone Jr. and McCarthy, JJ., concur.


Petitioner commenced this CPLR article 78 proceeding challenging a prison disciplinary determination finding him guilty of using drugs. The Attorney General has advised this Court that the determination has been administratively reversed and all references thereto have been expunged from petitioner's institutional record. Inasmuch as petitioner has received all the relief to which he is entitled, the matter is dismissed as moot ( see Matter of Shorter v Fischer, 63 AD3d 1333; Matter of Hardy v Bezio, 60 AD3d 1229).

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


Summaries of

In re Ronald Brown

Appellate Division of the Supreme Court of New York, Third Department
Nov 19, 2009
67 A.D.3d 1223 (N.Y. App. Div. 2009)
Case details for

In re Ronald Brown

Case Details

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

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

Date published: Nov 19, 2009

Citations

67 A.D.3d 1223 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 8537
888 N.Y.S.2d 443