2015 NY Slip Op 00942
N.Y. App. Div. 3rd
2015

Matter of Rivas v New York State Dept. of Corr. & Community Supervision

Appellate Division, Third Department

February 5, 2015

2015 NY Slip Op 00942 [125 AD3d 1031]

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, April 1, 2015.

Juan Rivas, Napanoch, petitioner pro se.

Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondents.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Ulster County) to review a determination of respondent Superintendent of Eastern Correctional Facility which found petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding challenging a tier II disciplinary hearing finding him guilty of violating a prison disciplinary rule. The Attorney General has advised this Court that the determination has been administratively reversed, all references thereto have been expunged from petitioner‘s disciplinary record, and the mandatory $5 surcharge has been ordered refunded to petitioner‘s inmate account. In view of this, and given that petitioner has received all of the relief to which he is entitled, the matter is dismissed as moot (see Matter of Dexter v Fischer, 120 AD3d 1468, 1468 [2014]).

McCarthy, J.P., Garry, Lynch and Devine, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.