Opinion
09-22-2016
In the Matter of Michael KIRSHTEIN, Petitioner, v. NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION et al., Respondents.
Michael Kirshtein, Napanoch, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondents.
Michael Kirshtein, Napanoch, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondents.
Opinion
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 the Superintendent of Eastern Correctional Facility finding petitioner guilty of violating certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding to challenge a determination finding him guilty of violating certain prison disciplinary rules following a tier II hearing. The Attorney General has advised this Court that the determination at issue has since 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. In view of this, and given that petitioner has received all of the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Thompson v. Annucci, 140 A.D.3d 1521, 1521, 33 N.Y.S.3d 777 [2016]; Matter of Ballard v. Racette, 140 A.D.3d 1428, 1428, 34 N.Y.S.3d 667 [2016] ).
ADJUDGED that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $15.
EGAN JR., J.P., LYNCH, ROSE, CLARK and MULVEY, JJ., concur.