Opinion
529679
04-23-2020
In the Matter of Donald M. DOVE, Petitioner, v. Jaifa COLLADO, as Superintendent of Shawangunk Correctional Facility, et al., Respondents.
Donald M. Dove, Wallkill, petitioner pro se. Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondents.
Donald M. Dove, Wallkill, petitioner pro se.
Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondents.
Before: Garry, P.J., Egan Jr., Mulvey, Reynolds Fitzgerald and Colangelo, JJ.
MEMORANDUM AND JUDGMENT
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Ulster County) to review a determination of respondent Superintendent of Shawangunk Correctional Facility finding petitioner guilty of violating certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding challenging a tier II disciplinary determination finding him guilty of violating certain prison disciplinary rules. The Attorney General has advised 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 $5 surcharge has been refunded to petitioner's inmate account. As petitioner has received all of the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Jiminez v. Annucci , 178 A.D.3d 1231, 1231, 111 N.Y.S.3d 915 [2019] ; Matter of Brown v. New York State Dept. of Corr. & Community Supervision , 175 A.D.3d 1715, 1715, 106 N.Y.S.3d 639 [2019] ).
Garry, P.J., Egan Jr., Mulvey, Reynolds Fitzgerald and Colangelo, JJ., concur.
ADJUDGED that the petition is dismissed, as moot, without costs.