Matter of Whitley v Fischer

Matter of Whitley v Fischer 2013 NY Slip Op 02627 Decided on April 18, 2013 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: April 18, 2013
514706

[*1]In the Matter of VIDAL WHITLEY, Petitioner,

v

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

Calendar Date: February 25, 2013
Before: Mercure, J.P., Rose, McCarthy and Garry, JJ.


Andrew D. Rikard, Prisoners' Legal Services, Albany,
for petitioner.
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 Albany County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding to challenge a tier III disciplinary determination finding him guilty of violating various prison disciplinary rules stemming from his alleged involvement in a melee. The Attorney General has informed this Court that the determination has been reversed administratively, all references thereto expunged from petitioner's institutional record, and the mandatory surcharge refunded to petitioner's inmate account. Petitioner has thus received all the relief to which he is entitled and, as such, the proceeding is dismissed as moot (see Matter of Horace v Fischer, 98 AD3d 1157, 1157 [2012]).

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

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