Opinion
525434
04-12-2018
In the Matter of Javon GONZALEZ, Petitioner, v. Michael KIRKPATRICK, as Superintendent of Clinton Correctional Facility, Respondent.
Javon Gonzalez, Wallkill, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Javon Gonzalez, Wallkill, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Before: Garry, P.J., Lynch, Devine, Mulvey and Rumsey, JJ.
MEMORANDUM AND JUDGMENTProceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Clinton County) to review a determination of respondent finding petitioner guilty of violating a prison disciplinary rule.
Petitioner commenced this CPLR article 78 proceeding challenging a tier II disciplinary determination finding him guilty of violating a prison disciplinary rule. The Attorney General has advised this Court that the determination has been administratively reversed, all references thereto have been expunged from petitioner's institutional record and the $5 mandatory surcharge has been refunded to petitioner's inmate account. Although petitioner requests that this Court nonetheless review the matter, the questions presented do not come within the exception to the mootness doctrine (see Matter of Sawyer v. Fischer, 107 A.D.3d 1188, 1188, 966 N.Y.S.2d 700 [2013] ). Accordingly, petitioner has received all of the relief to which he is entitled and the petition must be dismissed as moot (see Matter of Brown v. Annucci, 157 A.D.3d 1182, 1182, 67 N.Y.S.3d 507 [2018] ; Matter of Wallace v. Annucci, 157 A.D.3d 1171, 1171, 67 N.Y.S.3d 513 [2018] ). As the record reflects that petitioner paid a reduced filing fee of $15, and he has requested a refund thereof, we grant such request for reimbursement of said amount.
ADJUDGED that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $15.
Garry, P.J., Lynch, Devine, Mulvey and Rumsey, JJ., concur.