Matter of Covington v Smith

Matter of Covington v Smith 2009 NY Slip Op 02864 [61 AD3d 1187] April 16, 2009 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, June 10, 2009

In the Matter of Ronnie Covington, Petitioner, v Joseph T. Smith, as Superintendent of Shawangunk Correctional Facility, Respondent.

—[*1] Ronnie Covington, Wallkill, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.

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 the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner, a prison inmate, commenced this proceeding challenging a tier II disciplinary determination finding him guilty of disobeying a direct order. The Attorney General advises this Court that the administrative determination at issue has been reversed, all references thereto have been expunged from petitioner's institutional record and the mandatory surcharge imposed has been refunded. Accordingly, petitioner has received all the relief to which he is entitled and this matter is dismissed as moot (see Matter of Rock v Fischer, 57 AD3d 1144 [2008]; Matter of Arriaga v Smith, 55 AD3d 1115 [2008]).

Cardona, P.J., Peters, Lahtinen, Malone Jr. and Stein, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.