Matter of James v. Prack

137 A.D.3d 1390, 26 N.Y.S.3d 486

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 10, 2016
• Docket: 521177
• Status: Published

Opinion

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 chal lenging a determination finding him guilty of violating a prison disciplinary rule following a tier III disciplinary hearing. The Attorney General has advised this Court that the determination has been administratively reversed, all references thereto have been expunged from petitioner’s institutional record and the mandatory $5 surcharge has been refunded to his inmate account. Given that petitioner has received all of the relief to which he is entitled, the petition is dismissed as moot (see Matter of Gunn v Annucci, 133 AD3d 989, 990 [2015]).

Peters, P.J., Egan Jr., Lynch and Devine, JJ., concur.

Adjudged that the petition is dismissed, as moot, without costs.