Matter of Shapard v. Annucci

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 finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating certain prison disciplinary rules. The Attorney General has advised this Court that the disciplinary determination has since been administratively reversed, all references thereto have been expunged from petitioner’s institutional record and the mandatory $5 surcharge will be 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 is dismissed as moot (see Matter of Rizzuto v Prack, 134 AD3d 1263, 1263 [2015]; Matter of Streeter v Annucci, 131 AD3d 771, 772 [2015]). Petitioner’s request for costs is denied, but we do award disbursements in the amount of $15 (see Matter of Gillard v Maly, 106 AD3d 1347, 1347 [2013]).

Adjudged that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $15.