| Matter of Matthews v Artus |
| 2012 NY Slip Op 05354 [97 AD3d 864] |
| July 5, 2012 |
| Appellate Division, Third Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Hashim Matthews, Appellant, v Dale Artus, as Superintendent of Clinton Correctional Facility, Respondent. |
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Eric T. Schneiderman, Attorney General, Albany (Frank Brady of counsel), for
respondent.
Appeal from a judgment of the Supreme Court (Lawliss, J.), entered March 14, 2011 in Clinton County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.
Petitioner, a prison inmate, commenced this CPLR article 78 proceeding to challenge a tier II disciplinary determination finding him guilty of making a false statement. Supreme Court dismissed the petition and petitioner appeals. The Attorney General has informed this Court that the determination at issue has been administratively reversed, all references thereto have been expunged from petitioner's institutional record and the mandatory surcharge has been refunded to his inmate account. Given that petitioner has received all the relief to which he is entitled, the appeal is dismissed as moot (see Matter of VanNess v Fischer, 89 AD3d 1248 [2011]).
Rose, J.P., Lahtinen, Spain, McCarthy and Garry, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.