Matter of Kairis v Fischer

Appellate Division of the Supreme Court, Third Department

Jul 28, 2011

505369

Versions:2011 NY Slip Op 06049

86 AD3d 868

Paul Kairis, Elmira, petitioner pro se.

Eric T. Schneiderman, Attorney General, Albany (Martin A. Hotvet 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 respondent which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding to challenge a tier III disciplinary determination finding him guilty of smuggling and property damage. The Attorney General has informed this Court that the determination has been administratively reversed, all reference thereto expunged from petitioner‘s institutional record and the mandatory $5 surcharge credited back to his inmate account. As such, petitioner has received all the relief to which he is entitled and the petition must be dismissed as moot (see Matter of Quinones v Fischer, 82 AD3d 1445, 1445-1446 [2011]; Matter of Mastropietro v Fischer, 81 AD3d 1022 [2011]).

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