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Pujals v. Fischer

Appellate Division of the Supreme Court of New York, Third Department
Apr 24, 2008
50 A.D.3d 1438 (N.Y. App. Div. 2008)

Opinion

No. 503640.

April 24, 2008.

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.

Carlos Pujals, Sonyea, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Owen Demuth of counsel), for respondent.

Before: Peters, J.P., Spain, Kane, Malone Jr. and Kavanagh, JJ.


Petitioner, an inmate, commenced this CPLR article 78 proceeding seeking to annul the determination finding him guilty of violating the prison disciplinary rule prohibiting illicit drug use. The Attorney General has advised this Court that the determination in question has been administratively reversed and all references thereto have been expunged from petitioner's institutional record. Accordingly, we note that petitioner has been afforded all of the relief to which he is entitled and dismiss the matter as moot ( see Matter of Rodriguez v Leclaire, 44 AD3d 1205, 1206).

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


Summaries of

Pujals v. Fischer

Appellate Division of the Supreme Court of New York, Third Department
Apr 24, 2008
50 A.D.3d 1438 (N.Y. App. Div. 2008)
Case details for

Pujals v. Fischer

Case Details

Full title:In the Matter of CAKLOS PUJALS, Petitioner, v. BRIAN FISCHER, as…

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

Date published: Apr 24, 2008

Citations

50 A.D.3d 1438 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 3558
854 N.Y.S.2d 918

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