2015 NY Slip Op 06545
N.Y. App. Div. 3rd
2015

Matter of Shields v Prack

Appellate Division, Third Department, New York

August 13, 2015

2015 NY Slip Op 06545 [131 AD3d 774]

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, September 23, 2015

Eric J. Shields, Moravia, petitioner pro se.

Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff 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 which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding to challenge a prison disciplinary determination rendered following a tier III hearing. The Attorney General has advised this Court that the determination at issue 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 light of this, and given that petitioner has received all the relief to which he is entitled, the matter must be dismissed as moot (see Matter of Tevault v Prack, 127 AD3d 1483 [2015]).

Peters, P.J., Lahtinen, Garry and Rose, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.