Matter of Dexter v Fischer

Matter of Dexter v Fischer 2014 NY Slip Op 06126 Decided on September 11, 2014 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided and Entered: September 11, 2014
517578

[*1]In the Matter of JOSEPH DEXTER, Petitioner,

v

BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

Calendar Date: August 4, 2014
Before: Peters, P.J., McCarthy, Garry, Lynch and Clark, JJ.

Joseph Dexter, Elmira, petitioner pro se.

Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.

MEMORANDUM AND JUDGMENT

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 which found petitioner guilty of violating a certain prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding to challenge a prison disciplinary determination. The Attorney General has advised this Court that said determination has been administratively reversed, all references thereto expunged from petitioner's institutional record and the mandatory surcharge refunded to petitioner's account. Accordingly, petitioner has received all the relief to which he is entitled and the petition must be dismissed as moot (see Matter of Hughes v Venettozzi, 117 AD3d 1248, 1248-1249 [2014]; Matter of Rafi v Prack, 116 AD3d 1324, 1325 [2014]).

Peters, P.J., McCarthy, Garry, Lynch and Clark, JJ., concur.

ADJUDGED that the petition is dismissed, as moot, without costs.