| Matter of Lamb v Fischer |
| 2008 NY Slip Op 02725 [49 AD3d 1119] |
| March 27, 2008 |
| Appellate Division, Third Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of George Lamb, Petitioner, v Brian S. Fischer, as Commissioner of Correctional Services, et al., Respondents. |
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Andrew M. Cuomo, Attorney General, Albany (Peter H. Schiff of counsel), for
respondents.
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.
Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination which found him guilty of counterfeiting and possession of stolen property. 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. Thus, because petitioner has been afforded all of the relief to which he is entitled, this matter is now dismissed as moot (see Matter of Lewis v Goord, 43 AD3d 1240 [2007]).
Mercure, J.P., Peters, Carpinello, Kane and Malone Jr., JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.