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In the Matter of Nigel Joseph v. Darwin E. Laclair

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


December 23, 2010

IN THE MATTER OF NIGEL JOSEPH, APPELLANT,
v.
DARWIN E. LACLAIR, AS SUPERINTENDENT OF FRANKLIN CORRECTIONAL FACILITY, RESPONDENT.

Appeal from a judgment of the Supreme Court (Feldstein, J.), entered March 10, 2010 in Franklin 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.

MEMORANDUM AND ORDER

Calendar Date: November 3, 2010

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

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a tier II disciplinary determination finding him guilty of being out of place and noncompliance with a hearing disposition. The Attorney General has advised this Court that the determination at issue has been administratively reversed and that all references thereto have been expunged from petitioner's institutional record and the mandatory surcharge credited back to his inmate account. Accordingly, inasmuch as petitioner has been afforded all of the relief to which he is entitled, this appeal is dismissed as moot (see Matter of Tafari v Selsky, 76 AD3d 1146 [2010]).

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

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

ENTER:

Robert D. Mayberger Clerk of the Court

20101223

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