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In the Matter of ROBERT JOHNSON, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Ser

Petitioner, an inmate, commenced this CPLR article 78 proceeding to challenge a determination finding him guilty of violent conduct, assaulting an inmate and possessing a weapon, The Attorney General has advised this Court that the determination has been administratively reversed and all references thereto have been expunged from petitioner's institutional record. Inasmuch as petitioner has been afforded all the relief to which he is entitled, the petition must be dismissed as moot ( see Matter of Lafferty v Fischer, 61 AD3d 1235, 1235-1236; Matter of Arriaga v Smith, 55 AD3d 1115).

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

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IN RE JOHNSON
(Nov 19, 2009)