Matter of Walker v Fischer

Nov 15, 2012
514103
Versions:100 AD3d 1174
2012 NY Slip Op 07742

In the Matter of Sherman Walker, Petitioner, v Brian Fischer, as Commissioner of Corrections and Community Supervision, Respondent.

Sherman Walker, Ogdensburg, 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 St. Lawrence County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating various disciplinary rules. 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 view of this, petitioner has received all the relief to which he is entitled and, therefore, the petition is dismissed as moot (see Matter of Scott v Prack, 97 AD3d 861 [2012]).

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