State of New York Supreme Court, Appellate Division Third Judicial Department
February 9, 2012
IN THE MATTER OF IVAN TORRES, PETITIONER,
NORMAN R. BEZIO, AS DIRECTOR OF SPECIAL HOUSING AND INMATE DISCIPLINARY PROGRAMS, RESPONDENT.
MEMORANDUM AND JUDGMENT
Calendar Date: December 12, 2011
Before: Mercure, Acting P.J., Peters, Lahtinen, Malone Jr. and McCarthy, 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 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 AD3d 1189 ; Matter of Pereira v Fischer, 87 AD3d 1192 ).
Mercure, Acting P.J., Peters, Lahtinen, Malone Jr. and McCarthy, JJ., concur.
ADJUDGED that the petition is dismissed, as moot, without costs.
Robert D. Mayberger Clerk of the Court
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