State of New York
Supreme Court, Appellate Division
Third Judicial Department
Decided and Entered: December 17, 2015 520870
________________________________
In the Matter of RONALD
BURGESS,
Petitioner,
v
MEMORANDUM AND JUDGMENT
ALBERT PRACK, as Director of
Special Housing and Inmate
Disciplinary Programs,
Respondent.
________________________________
Calendar Date: October 27, 2015
Before: McCarthy, J.P., Garry, Devine and Clark, JJ.
__________
Ronald Burgess, Stormville, 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 Albany County) to
review a determination of the Commissioner of Corrections and
Community Supervision finding petitioner guilty of violating a
prison disciplinary rule.
Petitioner commenced this CPLR article 78 proceeding
challenging a tier III disciplinary determination that found him
guilty of drug use. 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. As petitioner
has received all the relief to which he is entitled, the matter
-2- 520870
must be dismissed as moot (see Matter of Shields v Prack, 131
AD3d 774, 775 [2015]).
McCarthy, J.P., Garry, Devine and Clark, JJ., concur.
ADJUDGED that the petition is dismissed, as moot, without
costs.
ENTER:
Robert D. Mayberger
Clerk of the Court