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In re Hinton

Supreme Court of New York, Third Department

July 18, 2013

In the Matter of LEONARD HINTON, Petitioner,
v.
DAVID ROCK, as Superintendent of Upstate Correctional Facility, Respondent

Calendar Date: June 6, 2013

Before: Peters, P.J., Rose, Spain and Egan Jr., JJ.

Leonard Hinton, Malone, petitioner pro se.

Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.

MEMORANDUM AND JUDGMENT

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Franklin 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 challenging a tier II disciplinary determination finding him guilty of possessing an altered item and interference with an employee. 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 [2012]; Matter of Sykes v Fischer, 98 A.D.3d 769, 770 [2012]).

Peters, P.J., Rose, Spain and Egan Jr., JJ., concur.

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


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