Matter of Wilson v. Martuscello

Opinion

Matter of Wilson v Martuscello

2026 NY Slip Op 04354

July 9, 2026

Appellate Division, Third Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This decision is uncorrected and subject to revision before publication in the Official Reports.

In the Matter of Christopher Wilson, Petitioner,

v

Daniel F. Martuscello III, as Commissioner of Corrections and Community Supervision, Respondent.

Decided and Entered:July 9, 2026

CV-26-0317

Calendar Date: June 12, 2026

Before: Garry, P.J., Pritzker, Fisher, Mcshan And Corcoran, JJ.

Christopher Wilson, Malone, petitioner pro se.

Letitia James, Attorney General, Albany (Kate H. Nepveu of counsel), for respondent.

[*1]

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 to challenge a tier III disciplinary hearing finding him guilty of violating certain prison disciplinary rules. The Attorney General has advised this Court that the determination at issue has been administratively reversed, all references thereto have been expunged from petitioner's institutional record and the mandatory $5 surcharge has or will be refunded to petitioner's account. Inasmuch as petitioner has received all the relief to which he is entitled, the matter is dismissed as moot (see Matter of Evans v Rodriguez, 244 AD3d 1366, 1366 [3d Dept 2025]; Matter of McKnight v Kopp, 241 AD3d 1668, 1668 [3d Dept 2025]).

Garry, P.J., Pritzker, Fisher, McShan and Corcoran, JJ., concur.

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