Opinion
No. 507966.
May 20, 2010.
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 which found petitioner guilty of violating a prison disciplinary rule.
Anthony Broadnax, Pine City, petitioner pro se.
Andrew M. Cuomo, Attorney General, Albany (Marlene O. Tuczinski of counsel), for respondent.
Before: Cardona, P.J., Peters, Lahtinen, Kavanagh and Garry, JJ.
Petitioner commenced this CPLR article 78 proceeding challenging a tier II disciplinary determination finding him guilty of violating a prison disciplinary rule. 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 $5 mandatory surcharge has been returned to petitioner's account. In view of this, and given that petitioner has received all the relief to which he is entitled, the matter is dismissed as moot ( see Matter of Rivera v Napoli, 69 AD3d 1284; Matter of Covington v Smith, 68 AD3d 1430).
Adjudged that the petition is dismissed, as moot, without costs.