Matter of Toliver v Commissioner of Dept. of Corr. Servs.

Dec 6, 2012
514104
Versions:2012 NY Slip Op 08376
101 AD3d 1198

In the Matter of Michel Toliver, Petitioner, v Commissioner of Department of Correctional Services et al., Respondents.

Michel Toliver, Wallkill, petitioner pro se.

Eric T. Schneiderman, Attorney General, Albany (Frank K. Walsh 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 Shawangunk Correctional Facility which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding to challenge a tier II disciplinary determination finding him guilty of refusing a direct order and interfering with an employee. 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. As such, petitioner has received all of the relief to which he is entitled and this proceeding is dismissed as moot (see Matter of Torres v Prack, 98 AD3d 1204, 1204-1205 [2012]).

Peters, P.J., Rose, Malone Jr., McCarthy and Egan Jr., JJ., concur. Adjudged that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $30.