Matter of Santiago v Fischer

Matter of Matter of Santiago v Fischer 2012 NY Slip Op 08384 Decided on December 6, 2012 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 6, 2012
514288

[*1]In the Matter of JOHN SANTIAGO, Petitioner,

v

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

Calendar Date: October 29, 2012
Before: Peters, P.J., Lahtinen, Spain, Stein and Egan Jr., JJ.


John Santiago, Attica, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany
(Peter H. Schiff of counsel), for respondent.


MEMORANDUM AND JUDGMENT

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this proceeding after he was found guilty of violating the prison disciplinary rule prohibiting lewd conduct. 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. Inasmuch as petitioner has been afforded all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Samuels v Fischer, 98 AD3d 760, 760 [2012]; Matter of Doyle v Fischer, 87 AD3d 1189, 1189 [2011]).

Peters, P.J., Lahtinen, Spain, Stein and Egan Jr., JJ., concur.

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