State of New York
Supreme Court, Appellate Division
Third Judicial Department
Decided and Entered: August 13, 2015 520127
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In the Matter of ERIC J.
SHIELDS,
Petitioner,
v MEMORANDUM AND JUDGMENT
ALBERT PRACK, as Director of
Special Housing and Inmate
Disciplinary Programs,
Respondent.
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Calendar Date: June 8, 2015
Before: Peters, P.J., Lahtinen, Garry and Rose, JJ.
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Eric J. Shields, Moravia, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Peter H.
Schiff of counsel), for respondent.
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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 which found petitioner guilty of violating
certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding to
challenge a prison disciplinary determination rendered following
a tier III hearing. 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 inmate account. In light of
this, and given that petitioner has received all the relief to
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which he is entitled, the matter must be dismissed as moot (see
Matter of Tevault v Prack, 127 AD3d 1483 [2015]).
Peters, P.J., Lahtinen, Garry and Rose, JJ., concur.
ADJUDGED that the petition is dismissed, as moot, without
costs.
ENTER:
Robert D. Mayberger
Clerk of the Court