Opinion
526336
09-20-2018
In the Matter of Lamarr LITTLE, Petitioner, v. William A. LEE, as Superintendent of Eastern N.Y. Correctional Facility, Respondent.
Lamarr Little, Napanoch, petitioner pro se. Barbara D. Underwood, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Lamarr Little, Napanoch, petitioner pro se.
Barbara D. Underwood, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
MEMORANDUM AND JUDGMENT
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Ulster 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 prison disciplinary determination. The Attorney General has advised this Court that the determination has been administratively reversed, all references thereto have expunged from petitioner's institutional record and the mandatory $5 surcharge has been refunded to petitioner's inmate account. Given that petitioner has received all of the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Ramos v. Annucci, 162 A.D.3d 1439, 1439, 75 N.Y.S.3d 920 [2018] ; Matter of Walker v. Annucci, 160 A.D.3d 1325, 1325–1326, 72 N.Y.S.3d 504 [2018] ).
ADJUDGED that the petition is dismissed, as moot, without costs.
Garry, P.J., Egan Jr., Devine, Mulvey and Pritzker, JJ., concur.