Matter of Mercer v Superintendent of The Livingston Corr. Facility

Matter of Mercer v Superintendent of The Livingston Corr. Facility 2013 NY Slip Op 08570 Decided on December 26, 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: December 26, 2013
516373

[*1]In the Matter of JAMES R. MERCER JR., Petitioner,

v

SUPERINTENDENT OF THE LIVINGSTON CORRECTIONAL FACILITY, Respondent.

Calendar Date: October 22, 2013
Before: Rose, J.P., Lahtinen, McCarthy and Garry, JJ.


James R. Mercer Jr., Gowanda, 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 the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding to challenge a tier II disciplinary determination finding him guilty of damaging state property. The Attorney General has informed this Court that, during the pendency of this proceeding, the determination has been administratively reversed, references thereto have been expunged from petitioner's institutional record and the $5 surcharge has been refunded to petitioner's inmate account. Inasmuch as petitioner has received all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Oliver v Fischer, 107 AD3d 1276, 1277 [2013]; Matter of Canales-Sanchez v Schneiderman, 107 AD3d 1258, 1259 [2013]).

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

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