Matter of Rivas v New York State Dept. of Corr. & Community Supervision

Matter of Rivas v New York State Dept. of Corr. & Community Supervision 2015 NY Slip Op 00942 Decided on February 5, 2015 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: February 5, 2015
519084

[*1]In the Matter of JUAN RIVAS, Petitioner,

v

NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION et al., Respondents.

Calendar Date: December 2, 2014
Before: McCarthy, J.P., Garry, Lynch and Devine, JJ.

Juan Rivas, Napanoch, petitioner pro se.

Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco 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 Eastern Correctional Facility which found petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding challenging a tier II disciplinary hearing finding him guilty of violating a prison disciplinary rule. The Attorney General has advised this Court that the determination has been administratively reversed, all references thereto have been expunged from petitioner's disciplinary record, and the mandatory $5 surcharge has been ordered refunded to petitioner's inmate account. In view of this, and given that petitioner has received all of the relief to which he is entitled, the matter is

dismissed as moot (see Matter of Dexter v Fischer, 120 AD3d 1468, 1468 [2014]).

McCarthy, J.P., Garry, Lynch and Devine, JJ., concur.

ADJUDGED that the petition is dismissed, as moot, without costs.