IN RE: Jasmen LEONARD (2025)

MEMORANDUM AND JUDGMENT

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 Superintendent of Orleans Correctional Facility finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding challenging a tier II disciplinary determination finding that he violated various prison disciplinary rules.  The Attorney General has advised this Court that the determination at issue has been administratively reversed, all references have been expunged from petitioner's institutional record and the $5 surcharge has been refunded to petitioner's account.  As petitioner has received all the relief to which he is entitled, the petition is dismissed as moot (see Matter of Concepcion v. Annucci, 231 A.D.3d 1455, 1455, 219 N.Y.S.3d 485 [3d Dept. 2024];  Matter of Davis v. Annucci, 227 A.D.3d 1313, 1314, 210 N.Y.S.3d 372 [3d Dept. 2024]).

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

Egan Jr., J.P., Lynch, Ceresia, McShan and Mackey, JJ., concur.