| Matter of Rivera v Napoli |
| 2010 NY Slip Op 00625 [69 AD3d 1284] |
| January 28, 2010 |
| Appellate Division, Third Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Robert Rivera, Appellant, v David F. Napoli, as Superintendent of Southport Correctional Facility, Respondent. |
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Andrew M. Cuomo, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
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.