Appellate Division of the Supreme Court of the State of New York January 28, 2010 (Rivera v. Napoli)

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.