Matter of Haddock v. Prack

State of New York Supreme Court, Appellate Division Third Judicial Department Decided and Entered: March 19, 2015 519201 ________________________________ In the Matter of MAURICE HADDOCK, Petitioner, v MEMORANDUM AND JUDGMENT ALBERT PRACK, as Director of Special Housing and Inmate Disciplinary Programs, Respondent. ________________________________ Calendar Date: January 20, 2015 Before: Peters, P.J., Garry, Rose and Clark, JJ. __________ Maurice Haddock, Napanoch, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent. __________ 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 the Commissioner of Corrections and Community Supervision which found petitioner guilty of violating a prison disciplinary rule. Petitioner commenced this CPLR article 78 proceeding challenging a prison disciplinary determination. 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. In view of this, and given that petitioner has received all of the relief to which he is entitled, the proceeding is dismissed -2- 519201 as moot (see Matter of Pasley v Annucci, 122 AD3d 1039 [2014]; Matter of Bank v Racette, 122 AD3d 991 [2014]). Peters, P.J., Garry, Rose and Clark, JJ., concur. ADJUDGED that the petition is dismissed, as moot, without costs. ENTER: Robert D. Mayberger Clerk of the Court