Opinion
528457
08-01-2019
In the Matter of Evan HARRINGTON, Petitioner, v. Christopher MILLER, as Superintendent of Great Meadow Correctional Facility, Respondent.
Evan Harrington, Comstock, petitioner pro se. Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Evan Harrington, Comstock, petitioner pro se.
Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Before: Egan Jr., J.P., Clark, Devine, Aarons 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 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 we nevertheless review the matter, we find that the exception to the mootness doctrine is inapplicable (see Matter of Hearst Corp. v. Clyne , 50 N.Y.2d 707, 714, 431 N.Y.S.2d 400, 409 N.E.2d 876 [1980] ). Inasmuch as petitioner has been granted all of the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Wingate v. Venettozzi , 166 A.D.3d 1174, 1174, 84 N.Y.S.3d 925 [2018], lv denied 33 N.Y.3d 901, 2019 WL 1461475 [2019] ; Matter of Gonzalez v. Kirkpatrick , 160 A.D.3d 1187, 1188, 71 N.Y.S.3d 904 [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., Clark, Devine, Aarons and Pritzker, JJ., concur.
ADJUDGED that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $15.