Opinion
525592
04-12-2018
In the Matter of Richard RIVERA, Petitioner, v. William LEE, as Superintendent of Eastern N.Y. Correctional Facility, Respondent.
Richard Rivera, Napanoch, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Richard Rivera, Napanoch, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Before: Garry, P.J., Egan Jr., Clark, Mulvey and Rumsey, JJ.
MEMORANDUM AND JUDGMENTProceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Ulster County) to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding challenging a tier II 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. 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 ofWallace v. Annucci, 157 A.D.3d 1171, 1171, 67 N.Y.S.3d 513 [2018] ; Matter ofBrown v. Annucci, 157 A.D.3d 1182, 1182, 67 N.Y.S.3d 507 [2018] ). 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.
Garry, P.J., Egan Jr., Clark, Mulvey and Rumsey, JJ., concur.