# Rivera v. Brown

> Appellate Division of the Supreme Court of the State of New York · September 11, 2008 · 54 A.D.3d 1089

URL: https://www.frixlaw.com/law-library/cases/5760108

## Case

- **Full name:** In the Matter of Jose Rivera v. William D. Brown, as Superintendent of Eastern Correctional Facility
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** September 11, 2008
- **Citations:** 54 A.D.3d 1089; 862 N.Y.S.2d 919
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5760108

## Opinion text

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Ulster County) 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 challenging a tier II disciplinary determination finding him guilty of smoking in an undesignated area. The Attorney General has advised this Court that the determination in issue has been administratively reversed and all references thereto have been expunged from petitioner’s institutional record. Accordingly, petitioner has been afforded all of the relief to which he is entitled and this matter must be dismissed as moot (see Matter of Pujals v Fischer, 50 AD3d 1438 [2008]).
Cardona, EJ., Mercure, Carpinello, Kane and Malone Jr., JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5760108. Public record. Not legal advice.