| Matter of Arriaga v Smith |
| 2008 NY Slip Op 08062 [55 AD3d 1115] |
| October 23, 2008 |
| Appellate Division, Third Department |
| In the Matter of Anthony Arriaga, Petitioner, v Joseph T. Smith, asSuperintendent of Shawangunk Correctional Facility, et al., Respondents. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Martin A. Hotvet of counsel), forrespondents.
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 ShawangunkCorrectional Facility which found petitioner guilty of violating certain prison disciplinary rules.
Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a tier IIdisciplinary determination finding him guilty of making a false statement and refusing a direct order. TheAttorney General has advised this Court that the determination at issue has been administrativelyreversed, all references thereto have been expunged from petitioner's institutional record and themandatory surcharge has been refunded to petitioner. Thus, petitioner has received all of the relief towhich he is entitled and this matter must be dismissed as moot (see Matter of Hale v Maly, 51 AD3d 1232, 1233 [2008]).
Mercure, J.P., Peters, Spain, Kane and Kavanagh, JJ., concur. Adjudged that the petition isdismissed, as moot, without costs.