Opinion
12-24-2015
In the Matter of Donald KAGAN, Petitioner, v. Donna LEWIN, as Superintendent of Hudson Correctional Facility, Respondent.
Donald Kagan, Coxsackie, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Donald Kagan, Coxsackie, 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 Columbia 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. 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 $5 surcharge has been credited to his inmate account. As no loss of good time was imposed, petitioner has received all of the relief to which he is entitled and the proceeding must be dismissed as moot (see Matter of Rivera v. Annucci, 131 A.D.3d 1331, 1331, 16 N.Y.S.3d 785 [2015] ; Matter of Shepherd v. Commissioner of Corr. & Community Supervision, 131 A.D.3d 1334, 1334, 16 N.Y.S.3d 787 [2015] ).
ADJUDGED that the petition is dismissed, as moot, without costs.
PETERS, P.J., LAHTINEN, GARRY and EGAN JR., JJ., concur.