Opinion
No. 509453.
December 23, 2010.
Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a tier II disciplinary determination finding him guilty of being out of place and noncompliance with a hearing disposition. The Attorney General has advised this Court that the determination at issue has been administratively reversed and that all references thereto have been expunged from petitioner's institutional record and the mandatory surcharge credited back to his inmate account. Accordingly, inasmuch as petitioner has been afforded all of the relief to which he is entitled, this appeal is dismissed as moot ( see Matter of Tafari v Selsky, 76 AD3d 1146).
Nigel Joseph, Malone, appellant pro se.
Andrew M. Cuomo, Attorney General, Albany (Martin A. Hotvet of counsel), for respondent.
Before: Mercure, J.P., Rose, Kavanagh, Stein and Garry, JJ.
Ordered that the appeal is dismissed, as moot, without costs.
[Prior Case History: 2010 NY Slip Op 30636(U).]