State of New York
Supreme Court, Appellate Division
Third Judicial Department
Decided and Entered: March 10, 2016 521177
________________________________
In the Matter of TERRENCE
JAMES,
Petitioner,
v MEMORANDUM AND JUDGMENT
ALBERT PRACK, as Director of
Special Housing and Inmate
Disciplinary Programs,
Respondent.
________________________________
Calendar Date: January 19, 2016
Before: Peters, P.J., Egan Jr., Lynch and Devine, JJ.
__________
Terrence James, Attica, 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 determination finding him guilty of violating a
prison disciplinary rule following a tier III disciplinary
hearing. 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. Given that petitioner has received all of the relief to
-2- 521177
which he is entitled, the petition is dismissed as moot (see
Matter of Gunn v Annucci, 133 AD3d 989, 990 [2015]).
Peters, P.J., Egan Jr., Lynch and Devine, JJ., concur.
ADJUDGED that the petition is dismissed, as moot, without
costs.
ENTER:
Robert D. Mayberger
Clerk of the Court