2014 NY Slip Op 07718
N.Y. App. Div. 3rd
2014

In the Matter of Alexander Pasley, Petitioner, v Anthony Annucci, as Acting Commissioner of Corrections and Community Supervision, Respondent.

2014 NY Slip Op 07718

Appellate Division, Third Department

November 13, 2014

122 AD3d 1039

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 31, 2014

Alexander Pasley, Wallkill, 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 which found petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding to challenge a determination finding him guilty of violating a prison disciplinary rule. The Attorney General has advised this Court that the determination at issue has been administratively reversed, all references thereto expunged from petitioner‘s institutional record and the mandatory $5 surcharge refunded to his inmate account. Petitioner has thus received all the relief to which he is entitled, and this proceeding is dismissed as moot (see Matter of Scott v Fischer, 119 AD3d 1307, 1307 [2014]).

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