2016 NY Slip Op 01735
N.Y. App. Div. 3rd
2016

Matter of Mercer v Stallone

Appellate Division, Third Department

March 10, 2016

2016 NY Slip Op 01735 [137 AD3d 1408]

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

James R. Mercer Jr., Collins, 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 respondent finding petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding challenging a tier II disciplinary determination finding him guilty of violating a prison disciplinary rule. The Attorney General has advised this Court that the disciplinary 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 petitioner‘s inmate account. In view of this, and given that petitioner has received all of the relief to which he is entitled, the petition is dismissed as moot (see Matter of Rizzuto v Prack, 134 AD3d 1263, 1263 [2015]; Matter of Warmus v Kaplan, 133 AD3d 1026, 1027 [2015]).

McCarthy, J.P., Lynch, Devine and Clark, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.