137 AD3d 1390
N.Y. App. Div. 3rd
2016

Matter of James v Prack

Appellate Division, Third Department, New York

March 10, 2016

2016 NY Slip Op 01715 | 137 AD3d 1390

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, April 27, 2016

Terrence James, Attica, 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 challenging a determination finding him guilty of violating a prison disciplinary rule following a tier III disciplinary hearing. 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 his inmate account. Given that petitioner has received all of the relief to which he is entitled, the petition is dismissed as moot (see Matter of Gunn v Annucci, 133 AD3d 989, 990 [2015]).

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