Opinion
2011-11-23
In the Matter of Gary DeFILIPPO, Petitioner,v.Susan CONNELL, as Superintendent of Oneida Correctional Facility, Respondent.
Gary DeFilippo, Rome, 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 brought this CPLR article 78 proceeding to challenge a determination finding him guilty of violating a prison disciplinary rule. 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, and given that petitioner has received all the relief to which he is entitled, the matter is dismissed as moot ( see Matter of Tuitt v. LaValley, 84 A.D.3d 1658, 923 N.Y.S.2d 373 [2011]; Matter of Charles v. Bezio, 80 A.D.3d 975, 913 N.Y.S.2d 925 [2011] ).
ADJUDGED that the petition is dismissed, as moot, without costs.
PETERS, J.P., ROSE, LAHTINEN, KAVANAGH and GARRY, JJ., concur.