State of New York
Supreme Court, Appellate Division
Third Judicial Department
Decided and Entered: March 10, 2016 520665
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In the Matter of ALFONSO
RIZZUTO,
Petitioner,
v MEMORANDUM AND JUDGMENT
ALBERT PRACK, as Director of
Special Housing and Inmate
Disciplinary Programs,
Respondent.
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Calendar Date: January 19, 2016
Before: McCarthy, J.P., Egan Jr., Rose and Lynch, JJ.
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Alfonzo Rizzuto, Duryea, Pennsylvania, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Marcus J.
Mastracco of counsel), for respondent.
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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 the Commissioner of Corrections and
Community Supervision finding petitioner guilty of violating a
prison disciplinary rule.
Petitioner commenced this CPLR article 78 proceeding
challenging a determination finding him guilty of violating a
prison disciplinary rule. The Attorney General has advised this
Court that the disciplinary determination has been
administratively reversed and that all references thereto have
been expunged from petitioner's institutional record. In view of
this, and given that petitioner has received all the relief to
which he is entitled, the petition must be dismissed as moot (see
-2- 520665
Matter of Rizzuto v Prack, 134 AD3d 1263, 1263 [2015]).
McCarthy, J.P., Egan Jr., Rose and Lynch, JJ., concur.
ADJUDGED that the petition is dismissed, as moot, without
costs.
ENTER:
Robert D. Mayberger
Clerk of the Court