Opinion
525423
04-26-2018
In the Matter of Carlton WALKER, Petitioner, v. Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.
Carlton Walker, Malone, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Carlton Walker, Malone, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Before: Garry, P.J., McCarthy, Lynch, Devine 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 respondent 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 at issue has been administratively reversed, all references thereto have been expunged from petitioner's institutional record and the $5 mandatory surcharge has been refunded to petitioner's inmate account. Inasmuch as petitioner has received all of the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Morgan v. Venettozzi, 156 A.D.3d 1107, 1107, 65 N.Y.S.3d 474 [2017] ; Matter of Ortega v. Lee, 156 A.D.3d 1084, 1085, 65 N.Y.S.3d 485 [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.
Garry, P.J., McCarthy, Lynch, Devine and Pritzker, JJ., concur.