2018 NY Slip Op 06169
N.Y. App. Div. 3rd
2018

Matter of Little v Lee

Appellate Division, Third Department

September 20, 2018

2018 NY Slip Op 06169 | 164 AD3d 1559

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, October 24, 2018

In the Matter of Lamarr Little, Petitioner,
v
William A. Lee, as Superintendent of Eastern N.Y. Correctional Facility, Respondent.

Lamarr Little, Napanoch, petitioner pro se.

Barbara D. Underwood, 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 Ulster 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 prison disciplinary determination. The Attorney General has advised this Court that the determination has been administratively reversed, all references thereto have expunged from petitioner‘s institutional record and the mandatory $5 surcharge has been refunded to petitioner‘s inmate account. Given that petitioner has received all of the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Ramos v Annucci, 162 AD3d 1439, 1439 [2018]; Matter of Walker v Annucci, 160 AD3d 1325, 1325-1326 [2018]).

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