Appellate Division of the Supreme Court of New York, 2009

Collins v. Fischer

Collins v. Fischer
Appellate Division of the Supreme Court of New York · Decided December 17, 2009
68 A.D.3d 1425; 889 N.Y.2d 879
Collins v. Fischer

Opinion of the Court

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a determination finding him guilty of using a controlled substance. The Attorney General has advised this Court that the determination has been administratively reversed and all references thereto expunged from petitioner’s institutional record. Accordingly, as petitioner has received all the relief to which he is entitled, this matter is dismissed as moot (see Matter of Hart v Fischer, 60 AD3d 1226 [2009]; Matter of Aponte v Fischer, 58 AD3d 997 [2009]).

Mercure, J.E, Spain, Kane, Kavanagh and McCarthy, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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