Opinion
2011-08-4
In the Matter of Nigel JOSEPH, Petitioner,v.Darwin LaCLAIR, as Superintendent of Franklin Correctional Facility, Respondent.
Nigel Joseph, Malone, petitioner pro se.Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Franklin County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating a number of prison disciplinary rules. 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 surcharge has been credited to petitioner's inmate account. In view of this and given that petitioner has received all the relief to which he is entitled, the petition must be dismissed as moot ( see Matter of Charles v. Bezio, 80 A.D.3d 975, 913 N.Y.S.2d 925 [2011]; Matter of Avincola v. Fischer, 74 A.D.3d 1672, 902 N.Y.S.2d 454 [2010], lv. denied 15 N.Y.3d 711, 2010 WL 4116955 [2010] ).
ADJUDGED that the petition is dismissed, as moot, without costs.