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In re Ruiz

Appellate Division of the Supreme Court of New York, Third Department
Nov 10, 2010
78 A.D.3d 1340 (N.Y. App. Div. 2010)

Opinion

No. 508529.

November 10, 2010.

Appeal from a judgment of the Supreme Court (O'Connor, J.), entered November 5, 2009 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of the Commissioner of Correctional Services finding petitioner guilty of violating certain prison disciplinary rules.

Edwin Ruiz, Romulus, appellant pro se.

Andrew M. Cuomo, Attorney General, Albany (Martin A. Hotvet of counsel), for respondent.

Before: Cardona, P.J., Peters, Rose, Kavanagh and Garry, JJ.


Petitioner commenced this CPLR article 78 proceeding challenging a prison disciplinary determination. Supreme Court dismissed the petition, resulting in this appeal. The Attorney General has advised this Court that the determination has since been administratively reversed, all references thereto have been expunged from petitioner's institutional record and the mandatory $5 surcharge has been refunded to petitioner's inmate account. In view of this, and given that petitioner has received all the relief to which he is entitled, the appeal is dismissed as moot ( see Matter of Watson v Fischer, 73 AD3d 1303; Matter of Rivera v Napoli, 69 AD3d 1284, 1285).

Ordered that the appeal is dismissed, as moot, without costs.


Summaries of

In re Ruiz

Appellate Division of the Supreme Court of New York, Third Department
Nov 10, 2010
78 A.D.3d 1340 (N.Y. App. Div. 2010)
Case details for

In re Ruiz

Case Details

Full title:In the Matter of ERWIN RUIZ, Appellant, v. NORMAN BEZIO, as Director of…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Nov 10, 2010

Citations

78 A.D.3d 1340 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 8028
909 N.Y.S.2d 686