Opinion
2014-01-30
In the Matter of Clemon JONES, Petitioner, v. Brian FISCHER, as Commissioner of Corrections and Community Supervision, et al., Respondents.
Clemon Jones, Alden, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Martin A. Hotvet of counsel), for respondents.
Clemon Jones, Alden, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Martin A. Hotvet of counsel), for respondents.
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 Superintendent of Wende Correctional Facility which found petitioner guilty of violating certain prison disciplinary rules.
Following a tier II disciplinary proceeding, petitioner, a prison inmate, was found guilty of stealing and property damage after 183 pages of legal work, that apparently belonged to him but for which he had not paid, were found secreted in a garbage can. The Attorney General has informed this Court that the determination at issue has been administratively reversed, all references thereto have been expunged from petitioner's institutional record and the mandatory $5 surcharge, along with $18 in restitution, have been credited to his inmate account. Accordingly, petitioner has received all the relief to which he is entitled and the petition must be dismissed as moot ( see Matter of Hinton v. Rock, 108 A.D.3d 981, 981–982, 968 N.Y.S.2d 817 [2013]; Matter of Jimenez v. Fischer, 108 A.D.3d 958, 968 N.Y.S.2d 809 [2013] ).
ADJUDGED that the petition is dismissed, as moot, without costs. PETERS, P.J., ROSE, LAHTINEN and EGAN JR., JJ., concur.