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Lozada v. Fischer

Appellate Division of the Supreme Court of New York, Third Department
Sep 24, 2009
65 A.D.3d 1433 (N.Y. App. Div. 2009)

Opinion

No. 506186.

September 24, 2009.

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 certain prison disciplinary rules.

Carlos Lozada, Comstock, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Martin A. Hotvet of counsel), for respondent.

Before: Mercure, J.P., Peters, Lahtinen, Stein and McCarthy, JJ., concur.


Petitioner, a prison inmate, commenced this proceeding challenging a tier II disciplinary determination finding him guilty of possessing contraband and information about other inmates' crimes and tampering with electricity. This Court has been advised that the administrative determination at issue has been reversed and all references thereto have been expunged from petitioner's institutional record. Accordingly, this matter is moot inasmuch as petitioner has received all the relief to which he is entitled ( see Matter of Hart v Fischer, 60 AD3d 1226; Matter of York v Fischer, 55 AD3d 1096).

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


Summaries of

Lozada v. Fischer

Appellate Division of the Supreme Court of New York, Third Department
Sep 24, 2009
65 A.D.3d 1433 (N.Y. App. Div. 2009)
Case details for

Lozada v. Fischer

Case Details

Full title:In the Matter of CARLOS LOZADA, Petitioner, v. BRIAN FISCHER, as…

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

Date published: Sep 24, 2009

Citations

65 A.D.3d 1433 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 6620
885 N.Y.S.2d 437