IN RE: ANTHONY ARRIAGA

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Supreme Court, Appellate Division, Third Department, New York.

IN RE: ANTHONY ARRIAGA, Petitioner, v. MICHAEL CAPRA, as Superintendent of Sing Sing Correctional Facility, et al., Respondents.

522732

Decided: November 10, 2016

Before:  Garry, J.P., Egan Jr., Lynch, Clark and Aarons, JJ. Anthony Arriaga, Ossining, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondents.

MEMORANDUM AND JUDGMENT

Calendar Date:  September 20, 2016

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Superintendent of Sing Sing Correctional Facility finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding to challenge a tier II determination finding him guilty of violating certain prison disciplinary rules.  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.  Given that petitioner has received all of the relief to which he is entitled, the petition must be dismissed as moot (see Matter of James v. Prack, 137 AD3d 1390, 1391 [2016] ).  Contrary to his request, petitioner is not entitled to be restored to the status he enjoyed prior to the disciplinary determination (see Matter of West v. Annucci, 134 AD3d 1379, 1380 [2015] ).

Garry, J.P., Egan Jr., Lynch, Clark and Aarons, JJ., concur.

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

ENTER:

Robert D. Mayberger

Clerk of the Court