Opinion
530304
04-23-2020
In the Matter of Patrick BANNON, Petitioner, v. NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, Respondent.
MEMORANDUM AND JUDGMENT
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Ulster County) to review a determination of the Superintendent of Eastern Correctional Facility finding petitioner guilty of violating a prison disciplinary rule.
Petitioner commenced this CPLR article 78 proceeding to challenge a tier II disciplinary determination finding him guilty of violating a prison disciplinary rule. The Attorney General has advised this Court that the determination has been administratively reversed, all references thereto have been expunged from petitioner's institutional record and the $5 mandatory surcharge has been refunded to petitioner's inmate account. In view of this, and given that petitioner has received all of the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Jiminez v. Annucci , 178 A.D.3d 1231, 1231, 111 N.Y.S.3d 915 [2019] ; Matter of Telesford v. Annucci , 175 A.D.3d 1717, 1717, 106 N.Y.S.3d 638 [2019] ). As the record reflects that petitioner paid a reduced filing fee of $45, as well as $6.30 for other expenses related to this proceeding, and he has requested reimbursement thereof, we grant petitioner's request for such amount.
Lynch, J.P., Clark, Mulvey, Devine and Aarons, JJ., concur.
ADJUDGED that the petition is dismissed, as moot, without costs but with disbursements in the amount of $51.30.