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Washington v. Napoli

State of New York Supreme Court, Appellate Division Third Judicial Department


January 14, 2010

IN THE MATTER OF ANTHONY WASHINGTON, APPELLANT,
v.
DAVID NAPOLI, AS SUPERINTENDENT OF SOUTHPORT CORRECTIONAL FACILITY, RESPONDENT.

MEMORANDUM AND ORDER

Calendar Date: November 4, 2009

Before: Cardona, P.J., Mercure, Rose, Kavanagh and Stein, JJ.

Appeal from a judgment of the Supreme Court (Cerio Jr., J.), entered April 13, 2009 in Chemung County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent finding petitioner guilty of violating a prison disciplinary rule.

Petitioner, an inmate, commenced this CPLR article 78 proceeding seeking to annul a tier II disciplinary determination which found him guilty of refusing a direct order. Supreme Court dismissed the petition and this appeal ensued. The Attorney General has advised this Court that the determination at issue has been administratively reversed and all references thereto have been expunged from petitioner's institutional record. Accordingly, inasmuch as petitioner has received all the relief to which he was entitled, the appeal is dismissed as moot (see Matter of Allah v Woods, 52 AD3d 1063, 1063-1064 [2008]).

Cardona, P.J., Mercure, Rose, Kavanagh and Stein, JJ., concur.

ORDERED that the appeal is dismissed, as moot, without costs.

20100114

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