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In re Canales-Sanchez

Supreme Court of New York, Third Department

June 20, 2013

In the Matter of LUIS A. CANALES-SANCHEZ, Petitioner,
v.
ERIC SCHNEIDERMAN, as Attorney General of the State of New York, et al., Respondents.

Calendar Date: May 6, 2013

Luis A. Canales-Sanchez, Elmira, petitioner pro se.

Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff of counsel), for respondents.

Before: Rose, J.P., Lahtinen, McCarthy and Egan Jr., JJ.

MEMORANDUM AND JUDGMENT

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Chemung County) to review a determination of the Commissioner of Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination finding him guilty of violent conduct, attempted assault on staff, interfering with staff and refusing a direct order. The Attorney General has informed this Court that, during the pendency of this proceeding, the determination has been administratively reversed, all references thereto have been expunged from petitioner's institutional record and the mandatory surcharge has been refunded to his inmate account. We note that, although not referenced in the Attorney General's letter, "any loss of good time incurred by petitioner as a result of the determination should be restored" (Matter of Pereira v Fischer, 87 A.D.3d 1192, 1192 [2011]). Consequently, inasmuch as petitioner has received all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Sykes v Fischer, 98 A.D.3d 769, 770 [2012]; Matter of Marcial v Fischer, 96 A.D.3d 1245, 1246 [2012]).

Rose, J.P., Lahtinen, McCarthy and Egan Jr., JJ., concur.

ADJUDGED that the petition is dismissed, as moot, without costs.


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