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In the Matter of Michel v. Commissioner of Department of Correctional Services et al

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


December 6, 2012

IN THE MATTER OF MICHEL TOLIVER, PETITIONER,
v.
COMMISSIONER OF DEPARTMENT OF CORRECTIONAL SERVICES ET AL., RESPONDENTS.

MEMORANDUM AND JUDGMENT

Calendar Date: October 29, 2012

Before: Peters, P.J., Rose, Malone Jr., McCarthy and Egan Jr., JJ.

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.

ENTER:

Robert D. Mayberger Clerk of the Court

20121206

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