Matter of Kagan v Lewin

Matter of Kagan v Lewin 2015 NY Slip Op 09598 Decided on December 24, 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: December 24, 2015
521299

[*1]In the Matter of DONALD KAGAN, Petitioner,

v

DONNA LEWIN, as Superintendent of Hudson Correctional Facility, Respondent.

Calendar Date: October 27, 2015
Before: Peters, P.J., Lahtinen, Garry and Egan Jr., JJ.

Donald Kagan, Coxsackie, 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 Columbia County) to review a determination of respondent finding petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding challenging a tier II 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 credited to his inmate account. As no loss of good time was imposed, petitioner has received all of the relief to which he is entitled and the proceeding must be dismissed as moot (see Matter of Rivera v Annucci, 131 AD3d 1331, 1331 [2015]; Matter of Shepard v Commissioner of Corr. &

Community Supervision, 131 AD3d 1334, 1334 [2015]).

Peters, P.J., Lahtinen, Garry and Egan Jr., JJ., concur.

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