Opinion
527586
08-01-2019
In the Matter of Gregory SCOTT, Petitioner, v. NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, Respondent.
Gregory Scott, Auburn, petitioner pro se. Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Gregory Scott, Auburn, petitioner pro se.
Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Before: Clark, J.P., Mulvey, Devine, Aarons and Rumsey, JJ.
MEMORANDUM AND JUDGMENT 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 Superintendent of Auburn Correctional Facility finding petitioner guilty of violating certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding challenging a tier II 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. Given that petitioner has received all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Harrison v. Venettozzi , 171 A.D.3d 1387, 1387, 96 N.Y.S.3d 917 [2019] ; Matter of Boeck v. Annucci , 165 A.D.3d 1334, 1334, 82 N.Y.S.3d 748 [2018] ).
Clark, J.P., Mulvey, Devine, Aarons and Rumsey, JJ., concur. ADJUDGED that the petition is dismissed, as moot, without costs.