2016 NY Slip Op 01896
N.Y. App. Div. 3rd
2016

Matter of Robinson v Prack

Appellate Division, Third Department, New York

March 17, 2016

2016 NY Slip Op 01896 | 137 AD3d 1452

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

Kendale Robinson, Comstock, 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 the Commissioner of Corrections and Community Supervision finding 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 possessing drugs and smuggling. The Attorney General has informed 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 refunded to petitioner‘s inmate account. In view of this, and given that petitioner has received all the relief to which he is entitled, this proceeding has been rendered moot and must be dismissed (see Matter of Shields v Prack, 131 AD3d 774, 775 [2015]).

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