Legal Opinion

Rivera v. Napoli

Appellate Division of the Supreme Court of the State of New York

Decided January 28, 2010PublishedCited by 4 opinions

1Opinion of the Court

Petitioner commenced this CPLR article 78 proceeding chal*1285lenging a determination rendered after a tier II disciplinary hearing. The Attorney General has advised that the determination at issue has been administratively reversed, all references thereto have been expunged from petitioner’s institutional record and the $5 surcharge has been restored 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 Anderson v Huntington, 63 AD3d 1390, 1391 [2009]).

Cardona, EJ., Mercure,…

2Cases cited1 opinion

  1. Anderson v. HuntingtonAppellate Division of the Supreme Court of the State of New York · 2009

3Cited by4 opinions

  1. Hanson v. BezioAppellate Division of the Supreme Court of the State of New York · 2010
  2. Harrison v. BellnierAppellate Division of the Supreme Court of the State of New York · 2010
  3. Ruiz v. BezioAppellate Division of the Supreme Court of the State of New York · 2010
  4. Smalls v. SmithAppellate Division of the Supreme Court of the State of New York · 2010

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