Opinion
527078
03-21-2019
In the Matter of Robert HAIGLER, Petitioner, v. Lynn J. LILLEY, as Superintendent of Woodbourne Correctional Facility, Respondent.
Robert Haigler, Woodbourne, petitioner pro se. Letitia James, Attorney General, Albany (Frank Brady of counsel), for respondent.
Robert Haigler, Woodbourne, petitioner pro se.
Letitia James, Attorney General, Albany (Frank Brady of counsel), for respondent.
MEMORANDUM AND JUDGMENT
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Sullivan 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. Accordingly, given that petitioner has received all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Williams v. Keyser, 167 A.D.3d 1202, 1202, 87 N.Y.S.3d 909 [2018] ; Matter of Houghtaling v. Venettozzi, 160 A.D.3d 1309, 1309, 72 N.Y.S.3d 509 [2018] ). As the record reflects that petitioner paid a reduced filing fee of $ 15 and he has requested reimbursement thereof, we grant petitioner's request for that amount.
Egan Jr., J.P., Lynch, Mulvey, Devine and Rumsey, JJ., concur.
ADJUDGED that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $ 15.