IN RE: Zaire PAIGE (2025)

MEMORANDUM AND JUDGMENT

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Ulster County) to review a determination of respondent Superintendent of Shawangunk Correctional Facility finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding to challenge a tier II determination finding him guilty of violating certain prison disciplinary rules.  The Attorney General has advised this Court that the 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 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 Nipitella v. Annucci, 228 A.D.3d 1217, 1217–1218, 214 N.Y.S.3d 244 [3d Dept. 2024];  Matter of Booker v. Rodriguez, 227 A.D.3d 1251, 1251, 209 N.Y.S.3d 240 [3d Dept. 2024]).  Because the record reflects that petitioner paid a filing fee of $15 and he has requested a refund thereof, we grant petitioner's request and direct respondents to reimburse him that amount (see Matter of Engles v. Rodriguez, 229 A.D.3d 1030, 1030, 213 N.Y.S.3d 576 [3d Dept. 2024]).

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

Aarons, J.P., Lynch, Ceresia, McShan and Powers, JJ., concur.