Opinion
2022-01503
03-10-2022
In the Matter of Roman G. Key, Petitioner, v. State of New York Dept. of Corr. & Community Supervision, Respondent.
Roman G. Key, Malone, petitioner pro se.
Calendar Date: February 4, 2022
Roman G. Key, Malone, petitioner pro se.
Before: Garry, P.J., Clark, Colangelo, Ceresia and Fisher, JJ.
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 the Commissioner of Corrections and Community Supervision finding petitioner guilty of violating certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding challenging a tier III determination finding him guilty of violating certain prison disciplinary rules. The Attorney General has advised this Court that the determination has since 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 been granted all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Delgado v Annucci, 197 A.D.3d 1483, 1484 [2021]; Matter of Pagan v Annucci, 188 A.D.3d 1349, 1349 [2020]).
Garry, P.J., Clark, Colangelo, Ceresia and Fisher, JJ., concur.
ADJUDGED that the petition is dismissed, as moot, without costs.