IN RE: Antonio BRUNO (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 Commissioner of Corrections and Community Supervision finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding to challenge a tier III disciplinary hearing finding that he had violated certain prison disciplinary rules.  The Attorney General has advised 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 $5 surcharge has been refunded to petitioner's 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 Joseph v. Annucci, 230 A.D.3d 846, 846, 213 N.Y.S.3d 760 [3d Dept. 2024];  Matter of Nipitella v. Annucci, 228 A.D.3d 1217, 1217, 214 N.Y.S.3d 244 [3d Dept. 2024]).  As the record reflects that petitioner paid a reduced filing fee of $15, and he has requested reimbursement 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.

Egan Jr., J.P., Clark, Aarons, Ceresia and McShan, JJ., concur.