Opinion
08-03-2017
In the Matter of William M. NICHOLS, Petitioner, v. Michael KIRKPATRICK, as Superintendent of Clinton Correctional Facility, Respondent.
William M. Nichols, Alden, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
William M. Nichols, Alden, 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 Clinton County) to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding to challenge a tier II prison disciplinary determination. The Attorney General has advised this Court that the determination at issue has 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 is dismissed as moot (see Matter of Ponder v. Annucci, 128 A.D.3d 1255, 1255, 8 N.Y.S.3d 500 [2015] ; Matter of Ramos v. Department of Corr. & Community Supervision, 123 A.D.3d 1215, 1216, 995 N.Y.S.2d 866 [2014] ).
ADJUDGED that the petition is dismissed, as moot, without costs.
McCARTHY, J.P., GARRY, ROSE, AARONS and RUMSEY, JJ., concur.