Matter of Covington v Smith

Matter of Covington v Smith 2009 NY Slip Op 09363 [68 AD3d 1430] December 17, 2009 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

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 respondent which found petitioner guilty of violating certain prison disciplinary rules.

Following a tier II disciplinary hearing, petitioner was found guilty of violating certain prison disciplinary rules. The determination was upheld on administrative appeal with a modified penalty. Thereafter, petitioner commenced this CPLR article 78 proceeding challenging the determination. The Attorney General has advised this Court that the determination has since been administratively reversed, all references thereto have been expunged from petitioner's institutional record and the mandatory $5 surcharge has been refunded. In view of this, and given that petitioner has received all the relief to which he is entitled, the matter is dismissed as moot (see Matter of Terrance v Rock, 59 AD3d 794 [2009], lv denied 12 NY3d 710 [2009]). [*2]

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