Opinion
527323
02-07-2019
In the Matter of Isiah WILLIAMS, Petitioner, v. Paul J. CHAPPIUS, as Superintendent of Elmira Correctional Facility, Respondent.
Isiah Williams, Elmira, petitioner pro se. Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Isiah Williams, Elmira, petitioner pro se.
Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Before: Garry, P.J., Clark, Mulvey, Rumsey and Pritzker, JJ.
MEMORANDUM AND JUDGMENT
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Chemung 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 thereto 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 the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Haigler v. Chappius, 142 A.D.3d 1243, 1243, 37 N.Y.S.3d 717 [2016] ; Matter of Smalls v. Smith, 71 A.D.3d 1358, 1358, 896 N.Y.S.2d 695 [2010] ). As the record reflects that petitioner has either paid or is obligated to pay a reduced filing fee of $ 15, and he has requested reimbursement thereof, we grant petitioner's request for that amount.
ADJUDGED that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $ 15.
Garry, P.J., Clark, Mulvey, Rumsey and Pritzker, JJ., concur.