Opinion
2014-09-25
In the Matter of Echo Westley DIXON, Petitioner, v. Brian FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.
Echo Westley Dixon, Malone, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Echo Westley Dixon, Malone, 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, a prison inmate, commenced this proceeding to challenge a disciplinary determination finding him guilty of drug use. The Attorney General has informed this Court that the determination at issue has been administratively reversed, all references thereto expunged from petitioner's institutional record and the mandatory surcharge refunded to his inmate account. Contrary to petitioner's contention, he has received all the relief to which he is entitled and, thus, the petition is dismissed as moot ( see Matter of Benitez v. Fischer, 118 A.D.3d 1237, 1237, 988 N.Y.S.2d 503 [2014]; Matter of Hodges v. Jones, 195 A.D.2d 647, 648, 600 N.Y.S.2d 645 [1993] ).
ADJUDGED that the petition is dismissed, as moot, without costs. PETERS, P.J., GARRY, ROSE, EGAN JR. and DEVINE, JJ., concur.