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Nigro v. Fischer

Appellate Division of the Supreme Court of New York, Third Department
Sep 30, 2010
76 A.D.3d 1161 (N.Y. App. Div. 2010)

Opinion

No. 508878.

September 30, 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 Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Amie Nigro, Beacon, petitioner pro se.

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

Before: Cardona, P.J., Peters, Rose, Kavanagh and McCarthy, JJ.


Petitioner commenced this CPLR article 78 proceeding to challenge a prison disciplinary determination finding her guilty of violating the prison disciplinary rule regarding facility correspondence procedures. The Attorney General has advised this Court that the determination was administratively reversed on May 7, 2010 and all references thereto have been expunged from petitioner's institutional records. Inasmuch as petitioner has received all the relief to which she is entitled, the matter is 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

Nigro v. Fischer

Appellate Division of the Supreme Court of New York, Third Department
Sep 30, 2010
76 A.D.3d 1161 (N.Y. App. Div. 2010)
Case details for

Nigro v. Fischer

Case Details

Full title:In the Matter of AMIE NIGRO, Petitioner, v. BRIAN FISCHER, as Commissioner…

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

Date published: Sep 30, 2010

Citations

76 A.D.3d 1161 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 6743
907 N.Y.S.2d 726

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