Matter of Lozada v Fischer
2009 NY Slip Op 06620 [65 AD3d 1433]
September 24, 2009
Appellate Division, Third Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 4, 2009


In the Matter of Carlos Lozada, Petitioner, v Brian Fischer, as Commissioner of Correctional Services, Respondent.

[*1] Carlos Lozada, Comstock, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Martin A. Hotvet 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 certain prison disciplinary rules.

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 [2009]; Matter of York v Fischer, 55 AD3d 1096 [2008]).

Mercure, J.P., Peters, Lahtinen, Stein and McCarthy, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.