Opinion
524639
12-14-2017
In the Matter of Danny DIAZ, Petitioner, v. Donald VENETTOZZI, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.
Danny Diaz, Attica, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Danny Diaz, Attica, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Before: McCarthy, J.P., Lynch, Clark, Rumsey and Pritzker, 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 finding petitioner guilty of violating certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding challenging a tier III determination finding him guilty of violating certain prison disciplinary rules. The Attorney General has advised this Court that the determination has since been administratively reversed, all references thereto have been expunged from petitioner's institutional record and the mandatory $5 surcharge has been refunded to petitioner's inmate account. In view of this, petitioner has been granted all the relief to which he is entitled, and the petition must be dismissed as moot (see Matter of Nichols v. Kirkpatrick, 153 A.D.3d 1007, 1007, 56 N.Y.S.3d 903 [2017]; Matter of Sheard v. Annucci, 153 A.D.3d 1008, 1008, 56 N.Y.S.3d 904 [2017] ).
ADJUDGED that the petition is dismissed, as moot, without costs.
McCarthy, J.P., Lynch, Clark, Rumsey and Pritzker, JJ., concur.