Matter of Lewis v New York State Dept. of Corrs. & Community Supervision

Matter of Lewis v New York State Dept. of Corrs. & Community Supervision 2015 NY Slip Op 05545 Decided on June 25, 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: June 25, 2015
519882

[*1]In the Matter of ANDRE LEWIS, Petitioner,

v

NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, Respondent.

Calendar Date: May 5, 2015
Before: Peters, P.J., Lahtinen, Rose and Lynch, JJ.

Andre Lewis, Woodbourne, 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 Superintendent of Eastern Correctional Facility which found petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding challenging a tier II disciplinary determination finding him guilty of possessing gang-related material. The Attorney General has advised this Court that the determination at issue has been administratively reversed, all references thereto have been expunged from petitioner's institutional record, and the mandatory surcharge has been refunded to petitioner's inmate account. As petitioner has received all of the relief to which he is entitled, the matter is dismissed as moot (see Matter of

Ramos v Department of Corr. & Community Supervision, 123 AD3d 1215, 1216 [2014]).

Peters, P.J., Lahtinen, Rose and Lynch, JJ., concur.

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