Case Information
*1 State of New York Supreme Court, Appellate Division Third Judicial Department Decided and Entered: November 10, 2016 522732 ________________________________
In the Matter of ANTHONY
ARRIAGA,
Petitioner, v MEMORANDUM AND JUDGMENT MICHAEL CAPRA, as
Superintendent of Sing Sing
Correctional Facility,
et al.,
Respondents.
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Calendar Date: September 20, 2016
Before: Garry, J.P., Egan Jr., Lynch, Clark and Aarons, JJ.
__________
Anthony Arriaga, Ossining, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J.
Mastracco of counsel), for respondents.
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Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Superintendent of Sing Sing Correctional Facility finding petitioner guilty of violating certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding to challenge a tier II determination finding him guilty of violating certain prison disciplinary rules. The Attorney General has advised this Court that the determination has since been administratively reversed, all references thereto have been expunged from petitioner's institutional record and the mandatory $5 surcharge has been refunded to petitioner's inmate account.
-2- 522732 Given that petitioner has received all of the relief to which he is entitled, the petition must be dismissed as moot (see Matter of James v Prack, 137 AD3d 1390, 1391 [2016]). Contrary to his request, petitioner is not entitled to be restored to the status he enjoyed prior to the disciplinary determination (see Matter of West v Annucci, 134 AD3d 1379, 1380 [2015]).
Garry, J.P., Egan Jr., Lynch, Clark and Aarons, JJ., concur.
ADJUDGED that the petition is dismissed, as moot, without costs.
ENTER:
Robert D. Mayberger Clerk of the Court