Harris v. Collado

194 A.D.3d 1240

143 N.Y.S.3d 921 (Mem)

In the Matter of Andre HARRIS, Petitioner,

v.Jaifa COLLADO, as Superintendent of Shawangunk Correctional Facility, Respondent.

532174

Supreme Court, Appellate Division, Third Department, New York.

Calendar Date: April 16, 2021

Decided and Entered: May 13, 2021

Andre Harris, Wallkill, petitioner pro se.

Letitia James, Attorney General, Albany (Kate H. Nepveu of counsel), for respondent.

Before: Garry, P.J., Clark, Aarons, Pritzker and Reynolds Fitzgerald, JJ.

MEMORANDUM AND JUDGMENT

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Ulster County) to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding to challenge a tier II disciplinary determination finding him guilty of violating certain prison disciplinary rules. 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 $5 mandatory 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 petition must be dismissed as moot (see Matter of Upson v. Rich 190 A.D.3d 1182, 1182, 136 N.Y.S.3d 799 [2021] ; Matter of Dibble v. Venettozzi, 181 A.D.3d 1139, 1139, 118 N.Y.S.3d 449 [2020] ). As the record reflects that petitioner was ordered to pay a reduced filing fee of $15 and has paid $6.40 in other expenses associated with this...