Opinion
No. CV-23-0470
05-16-2024
In the Matter of Amin Booker, Petitioner, v. Anthony Rodriguez, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.
Amin Booker, Wallkill, petitioner pro se. Letitia James, Attorney General, Albany (Kate H. Nepveu of counsel), for respondent.
Calendar Date: April 19, 2024
Amin Booker, Wallkill, petitioner pro se.
Letitia James, Attorney General, Albany (Kate H. Nepveu of counsel), for respondent.
Before: Egan Jr., J.P., Lynch, Ceresia, McShan and Mackey, JJ.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Sullivan County) to review a determination of the Acting Commissioner of Corrections and Community Supervision finding petitioner guilty of violating certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination finding him guilty of violating various prison disciplinary rules. The Attorney General has advised this Court that the underlying determination has been administratively reversed, all references thereto have been expunged from petitioner's institutional record and the mandatory $5 surcharge will be refunded to petitioner's account. Petitioner has received all of the relief to which he is entitled and, as such, this proceeding is dismissed as moot (see Matter of Jude v Rodriguez, 224 A.D.3d 1034, 1034-1035 [3d Dept 2024]; Matter of Windley v Rodriguez, 224 A.D.3d 983, 983-984 [3d Dept 2024]). As the record reflects that petitioner paid a filing fee of $305 and $11.03 in postage and has requested reimbursement thereof, we grant petitioner's request and direct respondent to reimburse him for that amount (see Matter of Jude v Rodriguez, 224 A.D.3d at 1035).
Egan Jr., J.P., Lynch, Ceresia, McShan and Mackey, JJ., concur.
ADJUDGED that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $316.03.