Opinion
527641
05-30-2019
In the Matter of Gilberto SILVA, Petitioner, v. NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, Respondent.
Gilberto Silva, Fallsburg, petitioner pro se. Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Gilberto Silva, Fallsburg, petitioner pro se.
Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Before: Garry, P.J., Egan Jr., Lynch, Clark and Pritzker, JJ.
MEMORANDUM AND JUDGMENTProceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Sullivan County) to review a determination of the Superintendent of Sullivan Correctional Facility finding petitioner guilty of violating a prison disciplinary rule.
Petitioner commenced this CPLR article 78 proceeding challenging a tier II determination finding him guilty of violating a prison disciplinary rule. 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 $ 5 mandatory surcharge has been refunded to petitioner's inmate account. Accordingly, given that petitioner has received all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Williams v. Chappius, 169 A.D.3d 1151, 1151, 91 N.Y.S.3d 904 [2019] ; Matter of Ack v. Venettozzi, 169 A.D.3d 1138, 1139, 91 N.Y.S.3d 905 [2019] ). As the record reflects that petitioner was ordered to pay a reduced filing fee of $ 15 and he has requested reimbursement thereof, we grant petitioner's request for that amount (see Matter of Abdul–Halim v. Venettozzi, 164 A.D.3d 1554, 1555, 81 N.Y.S.3d 773 [2018] ).
Garry, P.J., Egan Jr., Lynch, Clark and Pritzker, JJ., concur.
ADJUDGED that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $ 15.