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Mercer v. Stallone

Supreme Court, Appellate Division, Third Department, New York.
Mar 10, 2016
137 A.D.3d 1408 (N.Y. App. Div. 2016)

Opinion

521743.

03-10-2016

In the Matter of James R. MERCER Jr., Petitioner, v. David STALLONE, as Superintendent of Cayuga Correctional Facility, Respondent.

James R. Mercer Jr., Collins, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.


James R. Mercer Jr., Collins, petitioner pro se.

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

Opinion

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 a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding challenging a tier II disciplinary determination finding him guilty of violating a prison disciplinary rule. The Attorney General has advised this Court that the disciplinary 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 received all of the relief to which he is entitled, the petition is dismissed as moot (see Matter of Rizzuto v. Prack, 134 A.D.3d 1263, 1263, 19 N.Y.S.3d 916 2015; Matter of Warmus v. Kaplan, 133 A.D.3d 1026, 1027, 18 N.Y.S.3d 897 2015 ).

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

McCARTHY, J.P., LYNCH, DEVINE and CLARK, JJ., concur.


Summaries of

Mercer v. Stallone

Supreme Court, Appellate Division, Third Department, New York.
Mar 10, 2016
137 A.D.3d 1408 (N.Y. App. Div. 2016)
Case details for

Mercer v. Stallone

Case Details

Full title:In the Matter of James R. MERCER Jr., Petitioner, v. David STALLONE, as…

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

Date published: Mar 10, 2016

Citations

137 A.D.3d 1408 (N.Y. App. Div. 2016)
2016 N.Y. Slip Op. 1735
25 N.Y.S.3d 921

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