Opinion
2012-02-9
In the Matter of Ivan TORRES, Petitioner, v. Norman R. BEZIO, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.
Ivan Torres, Comstock, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Ivan Torres, Comstock, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
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 which found petitioner guilty of violating a prison disciplinary rule.
Petitioner, a prison inmate, commenced this CPLR article 78 proceeding to challenge a determination, following a tier III disciplinary hearing, finding him guilty of making threats. The Attorney General has informed this Court that the determination at issue has been administratively reversed, all references thereto expunged from petitioner's institutional record and the $5 mandatory surcharge has been refunded to his inmate account. As such, petitioner has been afforded all the relief to which he is entitled, and the petition must be dismissed as moot ( see Matter of Doyle v. Fischer, 87 A.D.3d 1189, 929 N.Y.S.2d 506 [2011]; Matter of Pereira v. Fischer, 87 A.D.3d 1192, 929 N.Y.S.2d 509 [2011] ).
ADJUDGED that the petition is dismissed, as moot, without costs.