Buggsward
v.
Rodriguez

Supreme Court, Appellate Division, Third Department, New York.Nov 9, 2017
63 N.Y.S.3d 260 (N.Y. App. Div. 2017)

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523803.

11-09-2017

In the Matter Lindel BUGGSWARD, Petitioner, v. A. RODRIGUEZ, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.

Lindel Buggsward, Beacon, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.


Lindel Buggsward, Beacon, petitioner pro se.

Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.

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 a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding to challenge a tier III 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. In view of this, and given that petitioner has been granted all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of West v. Annucci, 134 A.D.3d 1379, 1380, 21 N.Y.S.3d 643 [2015] ).

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

PETERS, P.J., GARRY, LYNCH, DEVINE and RUMSEY, JJ., concur.