Matter of Joseph v Laclair

Aug 4, 2011
511493
Versions:87 AD3d 780
2011 NY Slip Op 06170

In the Matter of Nigel Joseph, Petitioner, v Darwin LaClair, as Superintendent of Franklin Correctional Facility, Respondent.

—[*1] Nigel Joseph, Malone, 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 Franklin County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating a number of prison disciplinary rules. 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 surcharge has been credited to petitioner‘s inmate account. In view of this and given that petitioner has received all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Charles v Bezio, 80 AD3d 975 [2011]; Matter of Avincola v Fischer, 74 AD3d 1672 [2010], lv denied 15 NY3d 711 [2010]).

Mercure, J.P., Lahtinen, Malone Jr., Garry and Egan Jr., JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.