Opinion
527646
09-19-2019
In the Matter of Malik JACKSON, Petitioner, v. K. HENLEY, as Hearing Officer, et al., Respondents.
Malik Jackson, Dannemora, petitioner pro se. Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondents.
Malik Jackson, Dannemora, petitioner pro se.
Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondents.
Before: Garry, P.J., Lynch, Clark, Devine and Rumsey, 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 Commissioner of Corrections and Community Supervision finding petitioner guilty of violating certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination that found him guilty of violating certain 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 $5 mandatory surcharge has been refunded to petitioner's inmate account. Inasmuch as petitioner has been granted all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Ack v. Venettozzi, 169 A.D.3d 1138, 1139, 91 N.Y.S.3d 905 [2019] ; Matter of Williams v. Keyser, 167 A.D.3d 1202, 1202, 87 N.Y.S.3d 909 [2019] ). 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 (see Matter of Sockwell v. LaClair, 170 A.D.3d 1416, 1417, 94 N.Y.S.3d 895 [2019] ; Matter of Abdul–Halim v. Venettozzi, 164 A.D.3d 1554, 1555, 81 N.Y.S.3d 773 [2018] ).
Garry, P.J., Lynch, Clark, Devine and Rumsey, JJ., concur.
ADJUDGED that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $15.