Opinion
526131
09-27-2018
In the Matter of Robert BROWN, Appellant, v. Donald VENETTOZZI, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.
Robert Brown, Alden, appellant pro se. Barbara D. Underwood, Attorney General, Albany (Martin A. Hotvet of counsel), for respondent.
Robert Brown, Alden, appellant pro se.
Barbara D. Underwood, Attorney General, Albany (Martin A. Hotvet of counsel), for respondent.
Before: Garry, P.J., McCarthy, Egan Jr., Clark and Rumsey, JJ.
MEMORANDUM AND ORDER
Appeal from a judgment of the Supreme Court (Mott, J.), entered December 18, 2017 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to compel the expungement of certain information from petitioner's institutional record.
Petitioner, a prison inmate, commenced this CPLR article 78 proceeding seeking to compel the expungement of a particular disciplinary determination from his institutional record. Supreme Court dismissed the petition, prompting this appeal. The Attorney General has advised this Court that the challenged disciplinary determination has been administratively reversed, all references thereto have been expunged from petitioner's institutional record and the mandatory surcharge has been refunded to petitioner's inmate account. Given that petitioner has received all of the relief to which he is entitled, this appeal must be dismissed as moot (see Matter of Liggan v. Rodriguez, 163 A.D.3d 1386, 1387, 77 N.Y.S.3d 910 [2018] ; Matter of Hogan v. Annucci, 162 A.D.3d 1418, 1418, 75 N.Y.S.3d 922 [2018] ). As the record reflects that petitioner paid a reduced filing fee of $15 and he has requested reimbursement thereof, we grant petitioner's request for that amount.
ORDERED that the appeal is dismissed, as moot, without costs, but with disbursements in the amount of $15.
Garry, P.J., McCarthy, Egan Jr., Clark and Rumsey, JJ., concur.