State of New York
Supreme Court, Appellate Division
Third Judicial Department
Decided and Entered: November 10, 2016 522732
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In the Matter of ANTHONY
ARRIAGA,
Petitioner,
v MEMORANDUM AND JUDGMENT
MICHAEL CAPRA, as
Superintendent of Sing Sing
Correctional Facility,
et al.,
Respondents.
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Calendar Date: September 20, 2016
Before: Garry, J.P., Egan Jr., Lynch, Clark and Aarons, JJ.
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Anthony Arriaga, Ossining, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Marcus J.
Mastracco of counsel), for respondents.
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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 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.
-2- 522732
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