IN RE: Robert YOUNGS (2026)

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 finding petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding to challenge a tier II disciplinary finding that he had violated a prison disciplinary rule.  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.  Although petitioner requests that we nonetheless review the matter, we find that the exception to the mootness doctrine is inapplicable (see Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 714, 431 N.Y.S.2d 400, 409 N.E.2d 876 [1980] ).  Inasmuch as petitioner has received all of the relief to which he is entitled, this matter is dismissed as moot (see Matter of Concepcion v. Martuscello, 237 A.D.3d 1402, 1403, 229 N.Y.S.3d 724 [3d Dept 2025];  Matter of Paige v. McGuinness, 236 A.D.3d 1171, 1172, 227 N.Y.S.3d 815 [3d Dept 2025] ).  As the record reflects that petitioner was ordered to pay a reduced filing fee of $15 to be collected from his account, which he indicates was collected on November 11, 2024, and that he paid $.69 in postage, and he has requested refund thereof, we grant his request and direct respondent to reimburse him for that amount (see Matter of Booker v. Rodriguez, 227 A.D.3d 1251, 1251, 209 N.Y.S.3d 240 [3d Dept 2024] ).

ADJUDGED that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $15.69.

Aarons, J.P., Reynolds Fitzgerald, Ceresia, Mackey and Corcoran, JJ., concur.