Opinion
06-23-2016
In the Matter of Javon GONZALEZ, Petitioner, v. Albert PRACK, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.
Javon Gonzalez, Pine City, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Julie M. Sheridan of counsel), for respondent.
Javon Gonzalez, Pine City, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Julie M. Sheridan 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 finding petitioner guilty of violating certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding challenging a prison disciplinary determination. 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 mandatory $5 surcharge has been refunded to petitioner's inmate account. In view of this, the petition must be dismissed as moot (see Matter of Vail v. Bedard, 136 A.D.3d 1096, 23 N.Y.S.3d 918 [2016] ; Matter of Kagan v. Lewin, 134 A.D.3d 1386, 21 N.Y.S.3d 641 [2015] ). Petitioner also requests that his $15 reduced filing fee be refunded and the record discloses that he paid this amount (see Matter of Clark v. New York State Dept. of Corr. & Community Supervision, 138 A.D.3d 1331, 1332, 28 N.Y.S.3d 639 [2016] ; Matter of Warmus v. Kaplan, 133 A.D.3d 1026, 1027, 18 N.Y.S.3d 897 [2015] ; Matter of McKethan v. Prack, 111 A.D.3d 1046, 1046, 974 N.Y.S.2d 809 [2013] ).
ADJUDGED that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $15.
McCARTHY, J.P., ROSE, LYNCH, MULVEY and AARONS, JJ., concur.