134 AD3d 1386
N.Y. App. Div. 3rd
2015

Matter of Kagan v Lewin

Appellate Division, Third Department

December 24, 2015

2015 NY Slip Op 09598 [134 AD3d 1386]

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2016

In the Matter of Donald Kagan, Petitioner, v Donna Lewin, as Superintendent of Hudson Correctional Facility, Respondent.

Donald Kagan, Coxsackie, 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 Columbia County) to review a determination of respondent finding petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding challenging a tier II disciplinary determination. 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 credited to his inmate account. As no loss of good time was imposed, petitioner has received all of the relief to which he is entitled and the proceeding must be dismissed as moot (see Matter of Rivera v Annucci, 131 AD3d 1331, 1331 [2015]; Matter of Shepherd v Commissioner of Corr. & Community Supervision, 131 AD3d 1334, 1334 [2015]).

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