2017 NY Slip Op 07894
N.Y. App. Div. 3rd
2017

Matter of Buggsward v Rodriguez

Appellate Division, Third Department

November 9, 2017

2017 NY Slip Op 07894 [155 AD3d 1194]

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 3, 2018

In the Matter of Lindel Buggsward, Petitioner, v A. Rodriguez, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.

Lindel Buggsward, Beacon, petitioner pro se.

Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.

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 to challenge a tier III determination finding him guilty of violating a prison disciplinary rule. 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 petitioner‘s inmate account. In view of this, and given that petitioner has been granted all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of West v Annucci, 134 AD3d 1379, 1380 [2015]).

Peters, P.J., Garry, Lynch, Devine and Rumsey, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.