| Matter of Encarnacion v Fischer |
| 2008 NY Slip Op 02532 [49 AD3d 1060] |
| March 20, 2008 |
| Appellate Division, Third Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Josue Encarnacion, Petitioner, v Brian S. Fischer, as Commissioner of Correctional Services, Respondent. |
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Andrew M. Cuomo, Attorney General, Albany (Peter H. Schiff of counsel), for
respondent.
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.
At the conclusion of a tier III disciplinary hearing, petitioner was found guilty of violating the prison disciplinary rule prohibiting illicit drug use. After that determination was affirmed upon administrative appeal, petitioner commenced this CPLR article 78 proceeding. The Attorney General has advised this Court that the determination in issue has been administratively reversed and all references thereto have been expunged from petitioner's institutional record. Accordingly, inasmuch as petitioner has been afforded all of the relief to which he is entitled, the matter is now dismissed as moot (see Matter of Ward v Goord, 43 AD3d 1257, 1257 [2007]).
Mercure, J.P., Spain, Carpinello, Lahtinen and Kane, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.