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In the Matter of Luis AVINCOLA, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Ser

Following a tier III disciplinary hearing, petitioner, a prison inmate, was found guilty of threatening another inmate. The Attorney General has advised this Court that the determination has been administratively reversed, all references thereto expunged from petitioner's institutional record and the mandatory hearing surcharge refunded to petitioner's account. Accordingly, the petition must be dismissed as moot, inasmuch as petitioner has received all the relief to which he is entitled ( see Matter of Ortiz v Fischer, 71 AD3d 1244; Matter of Mercer v Artus, 70 AD3d 1073).

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

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IN RE AVINCOLA
(Jun 24, 2010)