June 20, 2013
In the Matter of JAMES OLIVER, Petitioner,
BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.
Calendar Date: May 6, 2013
James Oliver, Albion, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Before: Rose, J.P., Spain, 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 Albany County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.
Petitioner, a prison inmate, commenced this CPLR article 78 proceeding to challenge a tier III disciplinary determination finding him guilty of five prison disciplinary rules, including drug possession and smuggling. 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. Inasmuch as petitioner has received all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Jordan v Fischer, 98 A.D.3d 788, 788 ; Matter of Sykes v Fischer, 98 A.D.3d 769, 770 ).
Rose, J.P., Spain, McCarthy and Egan Jr., JJ., concur.
ADJUDGED that the petition is dismissed, as moot, without costs.