State of New York
Supreme Court, Appellate Division
Third Judicial Department
Decided and Entered: September 22, 2016 522504
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In the Matter of JASPER
MITCHELL,
Petitioner,
v MEMORANDUM AND JUDGMENT
DEPARTMENT OF CORRECTIONS AND
COMMUNITY SUPERVISION,
Respondent.
________________________________
Calendar Date: August 8, 2016
Before: Peters, P.J., McCarthy, Garry, Lynch and Mulvey, JJ.
__________
Jasper Mitchell, Coxsackie, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Marcus J.
Mastracco 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 finding petitioner guilty of violating a
prison disciplinary rule.
Petitioner commenced this CPLR article 78 proceeding to
challenge a determination rendered after a tier III disciplinary
hearing finding him guilty of violating a prison disciplinary
rule. The Attorney General has advised this Court that the
determination has since been administratively reversed, all
references thereto have been expunged from petitioner's
institutional record and the $5 mandatory 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
-2- 522504
is entitled, the petition must be dismissed as moot (see Matter
of Tolliver v Fischer, 140 AD3d 1507 [2016]; Matter of Ballard v
Racette, 140 AD3d 1428 [2016]). We note that petitioner is not
entitled to be restored to the status that he enjoyed prior to
the disciplinary determination (see Matter of Thompson v Annucci,
140 AD3d 1521 [2016]; Matter of Khudan v Annucci, 139 AD3d 1198
[2016]).
Peters, P.J., McCarthy, Garry, Lynch and Mulvey, JJ.,
concur.
ADJUDGED that the petition is dismissed, as moot, without
costs.
ENTER:
Robert D. Mayberger
Clerk of the Court