Matter of Slide v. Russo

2017 NY Slip Op 5296, 151 A.D.3d 1518, 54 N.Y.S.3d 605

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: June 29, 2017
• Docket: 523848
• 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 respondent finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding challenging a tier II 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 have been expunged from petitioner’s institutional record and the mandatory $5 surcharge has been refunded to petitioner’s inmate account. Given that petitioner has received all of the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Murgo v Racette, 100 AD3d 1244, 1244 [2012]).

Peters, P.J., McCarthy, Garry, Egan Jr. and Rose, JJ., concur.

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