Majority
p. 1500In the Matter of Javon Gonzalez, Petitioner, v Albert Prack, as Director of Special Housing and Inmate Disciplinary Programs, Respondent. [33 NYS3d 773]
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 the Commissioner of Corrections and Community Supervision finding petitioner guilty of violating certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding challenging a prison disciplinary determination. The Attorney General has advised this Court that the determination has been administratively reversed, all references thereto have
p. 1501
been expunged from petitioner’s institutional record and the mandatory $5 surcharge has been refunded to petitioner’s inmate account. In view of this, the petition must be dismissed as moot (see Matter of Vail v Bedard, 136 AD3d 1096 [2016]; Matter of Kagan v Lewin, 134 AD3d 1386 [2015]). Petitioner also requests that his $15 reduced filing fee be refunded and the record discloses that he paid this amount (see Matter of Clark v New York State Dept. of Corr. & Community Supervision, 138 AD3d 1331 , 1332 [2016]; Matter of Warmus v Kaplan, 133 AD3d 1026 , 1027 [2015]; Matter of McKethan v Prack, 111 AD3d 1046 , 1046 [2013]).
McCarthy, J.P., Rose, Lynch, Mulvey and Aarons, JJ., concur.
Adjudged that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $15.
Cases cited
- Clark v. New York State Department of Corrections & Community Supervision 138 AD3d 1331 at 1332 p. 1501