IN RE: Clarence EVANS (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 the Commissioner of Corrections and Community Supervision finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding challenging a tier III 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 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 Leonard v. Titus, 239 A.D.3d 1132, 1132, 233 N.Y.S.3d 222 [3d Dept. 2025];  Matter of Acevedo v. Annucci, 237 A.D.3d 1331, 1331, 229 N.Y.S.3d 274 [3d Dept. 2025]).  As the record reflects that petitioner paid a reduced filing fee of $15 and has requested reimbursement thereof, we grant petitioner's request and direct respondent to reimburse him that amount (see Matter of Bruno v. Martuscello, 237 A.D.3d 1403, 1403, 229 N.Y.S.3d 725 [3d Dept. 2025];  Matter of Engles v. Rodriguez, 229 A.D.3d 1030, 1030, 213 N.Y.S.3d 576 [3d Dept. 2024]).  We have considered petitioner's remaining contentions and have found them to be without merit or rendered academic.

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

Pritzker, J.P., Lynch, Fisher, Powers and Mackey, JJ., concur.