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In re Carter

Supreme Court of New York, Third Department

March 20, 2014

In the Matter of CHEYENNE CARTER, Petitioner,
v.
ALBERT PRACK, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

Calendar Date: January 21, 2014

Cheyenne Carter, Attica, petitioner pro se.

Eric T. Schneiderman, Attorney General, Albany (Laura Etlinger of counsel), for respondent.

Before: Lahtinen, J.P., Stein, Garry 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 the Commissioner of Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating various disciplinary rules. The Attorney General has informed this Court that the determination at issue 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. As such, petitioner has received all the relief to which he is entitled, and the petition must be dismissed as moot (see Matter of Hinton v Rock, 108 A.D.3d 981, 982 [2013]; Matter of Jimenez v Fischer, 108 A.D.3d 958, 958 [2013]).

Lahtinen, J.P., Stein, Garry and Egan Jr., JJ., concur.

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


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