Opinion
2013-03-14
In the Matter of Lamont E. BRYANT, Petitioner, v. D. VENETTOZZI, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.
Lamont E. Bryant, Ossining, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.
Lamont E. Bryant, Ossining, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.
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, an inmate, was found guilty of interference with an employee and harassment after a tier III disciplinary hearing. The Attorney General has advised this Court that the determination has been administratively reversed, all references thereto expunged from petitioner's institutional record and the mandatory surcharge refunded to petitioner's inmate account. Accordingly, petitioner has received all the relief to which he is entitled and the petition must be dismissed as moot ( see Matter of Murray v. Fischer, 96 A.D.3d 1320, 1321, 946 N.Y.S.2d 908 [2012];Matter of Kalwasinski v. Fischer, 85 A.D.3d 1471, 1472, 925 N.Y.S.2d 905 [2011] ).
ADJUDGED that the petition is dismissed, as moot, without costs.