Kairis v. Annucci

175 A.D.3d 1714

106 N.Y.S.3d 639 (Mem)

In the Matter of Paul KAIRIS, Petitioner,

v.Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.

528951

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

Calendar Date: August 30, 2019

Decided and Entered: September 19, 2019

Paul Kairis, Wallkill, petitioner pro se.

Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.

Before: Garry, P.J., Clark, Mulvey, Rumsey and Pritzker, JJ.

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 III disciplinary determination finding him guilty of violating a prison disciplinary rule. 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 refunded to petitioner's inmate account. Given that petitioner has received all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Silva v. New York State Dept. of Corr. & Community Supervision, 172 A.D.3d 1862, 1862–1863, 99 N.Y.S.3d 724 [2019] ; Matter of Ford v. Annucci, 172 A.D.3d 1815, 1816, 98 N.Y.S.3d 924 [2019] ). As the record reflects that petitioner has paid a reduced filing fee of $15, as well as other documented expenses in connection with this special proceeding in the amount of $19.90, and has requested reimbursement thereof, we grant petitioner's request for that amount (see Matter of Silva v. New York State Dept. of Corr. &...