Matter of Haddock v Prack

Matter of Haddock v Prack 2015 NY Slip Op 02167 Decided on March 19, 2015 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: March 19, 2015
519201

[*1]In the Matter of MAURICE HADDOCK, Petitioner,

v

ALBERT PRACK, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

Calendar Date: January 20, 2015
Before: Peters, P.J., Garry, Rose and Clark, JJ.

Maurice Haddock, Napanoch, 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 Ulster County) to review a determination of the Commissioner of Corrections and Community Supervision which found petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding challenging a prison disciplinary determination. 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. In view of this, and given that petitioner has received all of the relief to which he is entitled, the proceeding is dismissed

as moot (see Matter of Pasley v Annucci, 122 AD3d 1039 [2014]; Matter of Bank v Racette, 122 AD3d 991 [2014]).

Peters, P.J., Garry, Rose and Clark, JJ., concur.

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