Opinion
2012-12-6
In the Matter of John SANTIAGO, Petitioner, v. Brian FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.
John Santiago, Attica, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.
John Santiago, Attica, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.
Petitioner commenced this proceeding after he was found guilty of violating the prison disciplinary rule prohibiting lewd conduct. 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 mandatory surcharge has been refunded to petitioner's inmate account. Inasmuch as petitioner has been afforded all the relief to which he is entitled, the petition must be dismissed as moot ( see Matter of Samuels v. Fischer, 98 A.D.3d 760, 760, 948 N.Y.S.2d 919 [2012];Matter of Doyle v. Fischer, 87 A.D.3d 1189, 1189, 929 N.Y.S.2d 506 [2011] ).
ADJUDGED that the petition is dismissed, as moot, without costs.