The Naked Cowboy was heading back to New York on Monday after San Francisco dropped its case against him on a technicality, according to the New York Post.

"I said I am not leaving until this is resolved. I want a clean record," Times Square tourist favorite Robert Burck told the Post.

Burck, clad only in skin-tight underpants, cowboy boots and a hat, was busted on a sidewalk just outside of the city's Union Square on Friday for performing his act in a restricted area.

Burck was ticketed and told he could expect to be fined. But in court Monday — in his signature undies and a black, $5,000 mink coat — he spent more than four hours shuffling from room to room before learning that no one could find a record of the infraction, the Post reported.

Turns out the arresting officer had put the wrong code on the ticket — rendering it invalid.

Last month, a judge ruled that Burck could continue a trademark violation lawsuit he brought against a blue M&M that wears a white cowboy hat, cowboy boots and underpants.

Click here to read the New York Post report