IN RE: GREGORY SCOTT

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Supreme Court, Appellate Division, Third Department, New York.

IN RE: GREGORY SCOTT, Petitioner, v. NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, Respondent.

527586

Decided: August 01, 2019

Before:  Clark, J.P., Mulvey, Devine, Aarons and Rumsey, JJ. Gregory Scott, Auburn, petitioner pro se.

MEMORANDUM AND JUDGMENT

Calendar Date:  June 21, 2019

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

Petitioner commenced this CPLR article 78 proceeding challenging a tier II determination finding him guilty of violating certain prison disciplinary rules.  The Attorney General has advised this Court that the determination 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 inmate account.  Given that petitioner has received all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Harrison v. Venettozzi, 171 AD3d 1387, 1387 [2019];  Matter of Boeck v. Annucci, 165 AD3d 1334, 1334 [2018] ).

Clark, J.P., Mulvey, Devine, Aarons and Rumsey, JJ., concur.

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