State of New York
Supreme Court, Appellate Division
Third Judicial Department
Decided and Entered: August 6, 2015 519879
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In the Matter of PATRICK
PROCTOR,
Petitioner,
v MEMORANDUM AND JUDGMENT
ANTHONY J. ANNUCCI, as Acting
Commissioner of Corrections
and Community Supervision,
Respondent.
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Calendar Date: June 8, 2015
Before: McCarthy, J.P., Rose, Lynch and Clark, JJ.
__________
Patrick Proctor, Malone, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Peter H.
Schiff of counsel), for respondent.
__________
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 which found petitioner
guilty of violating certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding to
challenge a tier III determination that found him guilty of
creating a disturbance and committing an unhygienic act. 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 his inmate account.
In view of this, and given that petitioner has received all of
the relief to which he is entitled, the matter is dismissed as
-2- 519879
moot (see Matter of McCaskell v Department of Corr. & Community
Supervision, 128 AD3d 1208, 1208-1209 [2015]; Matter of Bain v
Annucci, 127 AD3d 1533, 1533 [2015]).
McCarthy, J.P., Rose, Lynch and Clark, JJ., concur.
ADJUDGED that the petition is dismissed, as moot, without
costs.
ENTER:
Robert D. Mayberger
Clerk of the Court