From Casetext: Smarter Legal Research

In re Lopez

Appellate Division of the Supreme Court of New York, Third Department
Jun 17, 2010
74 A.D.3d 1605 (N.Y. App. Div. 2010)

Opinion

No. 508293.

June 17, 2010.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Chemung County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Adrian Lopez, Pine City, petitioner pro se.

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

Before: Cardona, P.J., Peters, Lahtinen, Stein and Egan Jr., JJ.


Petitioner commenced the instant CPLR article 78 proceeding challenging a determination finding him guilty of violating two prison disciplinary rules. The Attorney General has advised this Court that the determination has been administratively reversed and that all references thereto have been expunged from petitioner's institutional record. In view of this and given that petitioner has received all the relief to which he is entitled, the petition is dismissed as moot ( see Matter of Burse v Bezio, 69 AD3d 1068; Matter of Beverly v Fischer, 69 AD3d 1090).

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


Summaries of

In re Lopez

Appellate Division of the Supreme Court of New York, Third Department
Jun 17, 2010
74 A.D.3d 1605 (N.Y. App. Div. 2010)
Case details for

In re Lopez

Case Details

Full title:In the Matter of ADRIAN LOPEZ, Petitioner, v. BRIAN FISCHER, as…

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

Date published: Jun 17, 2010

Citations

74 A.D.3d 1605 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 5310
902 N.Y.S.2d 441