Matter of Jackson v Prack

Matter of Jackson v Prack 2015 NY Slip Op 06859 Decided on September 17, 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: September 17, 2015
520554

[*1]In the Matter of CRAIG JACKSON, Petitioner,

v

ALBERT PRACK, as Director of Special Housing and Inmate Disciplinary Programs, et al., Respondents.

Calendar Date: August 10, 2015
Before: McCarthy, J.P., Garry, Rose and Devine, JJ.

Craig Johnson, Dannemora, petitioner pro se.

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

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 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 tier III 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 Williams v Annucci, 129 AD3d 1427, 1427 [2015]).

McCarthy, J.P., Garry, Rose and Devine, JJ., concur.

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