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MATTER OF HAYES v. FISCHER

506909.

66 A.D.3d 1079 (2009)

885 N.Y.S.2d 647

2009 NY Slip Op 6760

In the Matter of PATRICK HAYES, Appellant, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided October 1, 2009.

Peters, J.P.

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a determination finding him guilty of smuggling and drug possession. Supreme Court dismissed the petition, prompting this appeal. The Attorney General has advised this Court that, during the pendency of this appeal, the determination was administratively reversed and all references thereto were expunged from petitioner's institutional...

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