Opinion
525106
04-26-2018
In the MATTER OF Patrick HOUGHTALING, Petitioner, v. Donald VENETTOZZI, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.
Patrick Houghtaling, Marcy, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Patrick Houghtaling, Marcy, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Before: McCarthy, J.P., Lynch, Clark, Aarons and Pritzker, JJ.
MEMORANDUM AND JUDGMENTProceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Commissioner of Corrections and Community Supervision finding petitioner guilty of violating certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding to challenge a tier III disciplinary determination finding him guilty of violating certain prison disciplinary rules. 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. Accordingly, the petition must be dismissed as moot, inasmuch as petitioner has been granted all the relief to which he is entitled (see Matter of Weston v. Annucci, 156 A.D.3d 1012, 1013, 64 N.Y.S.3d 610 [2017] ; Matter of Buggsward v. Rodriguez, 155 A.D.3d 1194, 1194–1195, 63 N.Y.S.3d 260 [2017] ). As the record reflects that petitioner paid a reduced filing fee of $15 and he has requested a refund thereof, we grant such request for reimbursement of that amount.ADJUDGED that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $15.
McCarthy, J.P., Lynch, Clark, Aarons and Pritzker, JJ., concur.