Matter of Toliver v Commissioner of Dept. of Corr. Servs.

Matter of Matter of Toliver v Commissioner of Dept. of Corr. Servs. 2012 NY Slip Op 08376 Decided on December 6, 2012 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided and Entered: December 6, 2012
514104

[*1]In the Matter of MICHEL TOLIVER, Petitioner,

v

COMMISSIONER OF DEPARTMENT OF CORRECTIONAL SERVICES et al., Respondents.

Calendar Date: October 29, 2012
Before: Peters, P.J., Rose, Malone Jr., McCarthy and Egan Jr., JJ.


Michel Toliver, Wallkill, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany
(Frank K. Walsh of counsel), for respondents.


MEMORANDUM AND JUDGMENT

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. [*2]

ADJUDGED that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $30.