Opinion
06-29-2017
In the Matter of Terraine SLIDE, Petitioner, v. Anthony RUSSO, as Deputy Superintendent of Security at Eastern N.Y. Correctional Facility, Respondent.
Terraine Slide, Napanoch, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.
Terraine Slide, Napanoch, 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 the Supreme Court, entered in Albany County) to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding challenging a tier II determination finding him guilty of violating certain prison disciplinary rules. The Attorney General has advised this Court that the determination has been administratively reversed, all references have been expunged from petitioner's institutional record and the mandatory $5 surcharge has been refunded to petitioner's inmate account. Given that petitioner has received all of the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Murgo v. Racette, 100 A.D.3d 1244, 1244, 953 N.Y.S.2d 913 [2012] ).
ADJUDGED that the petition is dismissed, as moot, without costs.
PETERS, P.J., McCARTHY, GARRY, EGAN JR. and ROSE, JJ., concur.