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Robles v. Fischer

Appellate Division of the Supreme Court of New York, Third Department
May 22, 2008
51 A.D.3d 1318 (N.Y. App. Div. 2008)

Opinion

No. 503737.

May 22, 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.

Luis Robles, Beacon, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.

Before: Peters, J.P., Spain, Carpinello, Malone Jr. and Stein, JJ.


Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination finding him guilty of illicit drug use. The Attorney General has advised this Court in writing that the determination in question has been administratively reversed and all references thereto have been expunged from petitioner's institutional record. Therefore, noting that petitioner has been afforded all of the relief to which he is entitled, we now dismiss this 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

Robles v. Fischer

Appellate Division of the Supreme Court of New York, Third Department
May 22, 2008
51 A.D.3d 1318 (N.Y. App. Div. 2008)
Case details for

Robles v. Fischer

Case Details

Full title:In the Matter of Luis ROBLES, Petitioner, v. BRIAN FISCHER, as…

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

Date published: May 22, 2008

Citations

51 A.D.3d 1318 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 4596
856 N.Y.S.2d 896