Opinion
529020
09-19-2019
In the Matter of Rohan BROWN, Petitioner, v. NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, Respondent.
Rohan Brown, Woodbourne, petitioner pro se. Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Rohan Brown, Woodbourne, petitioner pro se.
Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Before: Garry, P.J., Egan Jr., Mulvey, Devine and Pritzker, JJ.
MEMORANDUM AND JUDGMENT
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 Superintendent of Woodbourne Correctional Facility finding petitioner guilty of violating a prison disciplinary rule.
Petitioner commenced this CPLR article 78 proceeding challenging a tier II disciplinary hearing 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 mandatory $5 surcharge has been refunded to petitioner's inmate account. Given that petitioner has received all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Cunningham v. Annucci, 168 A.D.3d 1340, 1340, 90 N.Y.S.3d 915 [2019] ; Matter of Little v. Lee, 164 A.D.3d 1559, 1560, 81 N.Y.S.3d 770 [2018] ).
Garry, P.J., Egan Jr., Mulvey, Devine and Pritzker, JJ., concur.
ADJUDGED that the petition is dismissed, as moot, without costs.