| Matter of Hale v Maly |
| 2008 NY Slip Op 04412 [51 AD3d 1232] |
| May 15, 2008 |
| Appellate Division, Third Department |
| In the Matter of Michael Shane Hale, Petitioner, v John C. Maly, asSuperintendent of Shawangunk Correctional Facility, Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Frank Brady of counsel), forrespondent.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the SupremeCourt, entered in Ulster County) to review a determination of respondent which found petitionerguilty of violating certain prison disciplinary rules.
Petitioner, a prison inmate, was found guilty following a tier II disciplinary hearing ofpossession of authorized property in an unauthorized area and misuse of state property. Petitionerexhausted his administrative remedies and commenced this CPLR article 78 proceeding seekingannulment of the determination. The Attorney General has advised this Court that thedetermination in question has been administratively reversed, all references thereto have beenexpunged from petitioner's institutional record and the surcharge imposed has been refunded topetitioner. Thus, we note that petitioner has been afforded all of the relief to which he is entitledand dismiss this matter as moot (seeMatter of Thorpe v Goord, 43 AD3d 1258 [2007]).
Cardona, P.J., Spain, Lahtinen, Kane and Stein, JJ., concur. Adjudged that the petition isdismissed, as moot, without costs.