From Casetext: Smarter Legal Research

Rivera v. Brown

Appellate Division of the Supreme Court of New York, Third Department
Sep 11, 2008
54 A.D.3d 1089 (N.Y. App. Div. 2008)

Opinion

No. 504371.

September 11, 2008.

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 which found petitioner guilty of violating a prison disciplinary rule.

Jose Rivera, Napanoch, petitioner pro se.

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

Before: Cardona, P.J., Mercure, Carpinello, Kane and Malone Jr., JJ.


Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a tier II disciplinary determination finding him guilty of smoking in an undesignated area. The Attorney General has advised this Court that the determination in issue has been administratively reversed and all references thereto have been expunged from petitioner's institutional record. Accordingly, petitioner has been afforded all of the relief to which he is entitled and this matter must be dismissed as moot ( see Matter of Pujals v Fischer, 50 AD3d 1438).

Adjudged that the petition is dismissed, as moot, without costs.


Summaries of

Rivera v. Brown

Appellate Division of the Supreme Court of New York, Third Department
Sep 11, 2008
54 A.D.3d 1089 (N.Y. App. Div. 2008)
Case details for

Rivera v. Brown

Case Details

Full title:In the Matter of JOSE RIVERA, Petitioner, v. WILLIAM D. BROWN, as…

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

Date published: Sep 11, 2008

Citations

54 A.D.3d 1089 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 6773
862 N.Y.S.2d 919

Citing Cases

Shabazz v. Artus

The Attorney General advises this Court that the determinations at issue have been administratively reversed…

Hart v. Fischer

The Attorney General has advised this Court that the administrative determination has been reversed and all…