MatterofMitchellvFischer

State of New York Supreme Court, Appellate Division Third Judicial Department Decided and Entered: September 11, 2014 517920 ________________________________ In the Matter of DONTIE S.

MITCHELL, Petitioner, v MEMORANDUM AND JUDGMENT BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent. ________________________________

Calendar Date: August 4, 2014 Before: Lahtinen, J.P., McCarthy, Egan Jr., Lynch and Clark, JJ.

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Dontie S. Mitchell, Dannemora, petitioner pro se.

Eric T. Schneiderman, Attorney General, Albany (Marcus J.

Mastracco of counsel), for respondent.

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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 proceeding challenging a tier III prison disciplinary determination finding him guilty of possession of contraband, smuggling and possession of an item in an unauthorized area. The Attorney General has informed this Court that the determination at issue has been administratively reversed, all references thereto have been expunged from petitioner's institutional record and the mandatory surcharge has been returned to his inmate account; thus, this proceeding is dismissed as moot (see Matter of Ames v Gutwein, 76 AD3d 1163 -2- 517920 [2010]).

Lahtinen, J.P., McCarthy, Egan Jr., Lynch and Clark, JJ., concur.

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

ENTER:

Robert D. Mayberger Clerk of the Court