Pasley v. Annucci

122 A.D.3d 1039, 994 N.Y.S.2d 873

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: November 13, 2014
• 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 which found petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding to challenge a determination finding him guilty of violating a prison disciplinary rule. The Attorney General has advised this Court that the determination at issue has been administratively reversed, all references thereto expunged from petitioner’s institutional record and the mandatory $5 surcharge refunded to his inmate account. Petitioner has thus received all the relief to which he is entitled, and this proceeding is dismissed as moot (see Matter of Scott v Fischer, 119 AD3d 1307, 1307 [2014]).

Peters, PJ., McCarthy, Egan Jr., Devine and Clark, JJ., concur.

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