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Rivera v. Napoli

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


January 28, 2010

IN THE MATTER OF ROBERT RIVERA, APPELLANT,
v.
DAVID F. NAPOLI, AS SUPERINTENDENT OF SOUTHPORT CORRECTIONAL FACILITY, RESPONDENT.

MEMORANDUM AND ORDER

Calendar Date: November 30, 2009

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

Appeal from a judgment of the Supreme Court (Cerio Jr., J.), entered June 30, 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 certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding challenging a determination rendered after a tier II disciplinary hearing. The Attorney General has advised that the determination at issue has been administratively reversed, all references thereto have been expunged from petitioner's institutional record and the $5 surcharge has been restored to petitioner's inmate account. In view of this, and given that petitioner has received all the relief to which he is entitled, the appeal is dismissed as moot (see Matter of Anderson v Huntington, 63 AD3d 1390, 1391 [2009]).

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

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

20100128

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