Opinion
07-02-2015
In the Matter of Vincent MORENO, Petitioner, v. Albert PRACK, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.
Vincent Moreno, Auburn, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Vincent Moreno, Auburn, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
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 Commissioner of Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding challenging a prison 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 refunded to petitioner's inmate account. Although not referenced in the letter from the Attorney General, in the event that any loss of good time was incurred as a result of the determination, it should be restored (see Matter of Laliveres v. Prack, 125 A.D.3d 1029, 1029, 999 N.Y.S.2d 767 [2015] ). Otherwise, given that petitioner has received all of the relief to which he is entitled, the proceeding is dismissed as moot (see Matter of Ramos v. Department of Corr. & Community Supervision, 123 A.D.3d 1215, 1215, 995 N.Y.S.2d 866 [2014] ).
ADJUDGED that the petition is dismissed, as moot, without costs.
GARRY, J.P., EGAN JR., DEVINE and CLARK, JJ., concur.