Matter of Quinones v Fischer
2011 NY Slip Op 01924 [82 AD3d 1445]
March 17, 2011
Appellate Division, Third Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 11, 2011


In the Matter of David Quinones, Petitioner, v Brian Fischer, as Commissioner of Correctional Services, Respondent.

—[*1] David Quinones, Auburn, petitioner pro se.

Eric T. Schneiderman, Attorney General, Albany (Frank Brady of counsel), for respondent.

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

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating a prison disciplinary rule. The Attorney General has advised this Court that the determination has been administratively reversed and expunged from petitioner's disciplinary record. Inasmuch as petitioner has received all the relief to which he is entitled, the petition is dismissed as moot (see Matter of Arroyo v Fischer, 77 AD3d 1002, 1003 [2010]; Matter of Williams v Fischer, 71 AD3d 1360, 1361 [2010]).[FN*]

Rose, J.P., Lahtinen, Kavanagh and Egan Jr., JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

Footnotes


Footnote *: Although petitioner requested the award of costs in his verified petition, he has abandoned that request by his failure to raise it in his brief (see Matter of Ifill v Fischer, 72 AD3d 1367, 1368 n [2010]).