| Matter of Arroyo v Fischer |
| 2010 NY Slip Op 07097 [77 AD3d 1002] |
| October 7, 2010 |
| Appellate Division, Third Department |
| In the Matter of Bladimil Arroyo, Appellant, v Brian Fischer, asCommissioner of Correctional Services, Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Martin A. Hotvet of counsel), forrespondent.
Appeal from a judgment of the Supreme Court (Sackett, J.), entered November 30, 2009 inAlbany County, which dismissed petitioner's application, in a proceeding pursuant to CPLRarticle 78, to review a determination of respondent finding petitioner guilty of violating certainprison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding challenging a prison disciplinarydetermination. Supreme Court dismissed the petition following service of respondent's answer,and petitioner appeals. The Attorney General has advised this Court that the determination hassince been administratively reversed, all references thereto have been expunged from petitioner'sinstitutional record and the mandatory $5 surcharge has been credited to petitioner's inmateaccount. Although petitioner seeks to be restored to the status he enjoyed prior to the disciplinarydetermination, he is not entitled to such relief (see Matter of Wooley v New York State Dept. of Correctional Servs.,69 AD3d 1073 [2010]; Matter ofWelch v Fischer, 68 AD3d 1602 [2009]). Given that petitioner has received all the reliefto which he is entitled, the appeal is dismissed as moot (see Matter of Watson v Fischer, 73 AD3d 1303 [2010]; Matter of Mercer v Artus, 70 AD3d1073 [2010]).
Mercure, J.P., Peters, Kavanagh, Stein and McCarthy, JJ., concur. Ordered that the appeal isdismissed, as moot, without costs.