Matter of Logan v. Annucci

128 A.D.3d 1255, 8 N.Y.S.3d 611

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: May 21, 2015
• Docket: 519576
• Status: Published

Opinion

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Washington County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding challenging a tier III determination finding him guilty of violating certain prison disciplinary rules. 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 ordered refunded to petitioner’s inmate account. In view of this, and given that petitioner has received all of the relief to which he is entitled, the matter is dismissed as moot (see Matter of Shepherd v Fischer, 122 AD3d 1229, 1229 [2014]).

Peters, P.J., Egan Jr., Rose and Clark, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.