Opinion
June 24, 1993
Appeal from the Supreme Court, Washington County.
Petitioner challenges the determination that he violated certain prison disciplinary rules. He also contends that a mandatory $5 disciplinary surcharge imposed upon him after he was found guilty is illegal. The Attorney-General has submitted administrative memoranda indicating that the determination at issue has been administratively reversed and expunged from petitioner's record, and that the $5 surcharge has been returned to petitioner's account. This proceeding is therefore moot (see, Matter of Wong v. Coughlin, 150 A.D.2d 832).
Weiss, P.J., Yesawich Jr., Levine, Mercure and Mahoney, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.