Matter of Gonzalez v. Prack

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 certain prison disciplinary rules. Petitioner commenced this CPLR article 78 proceeding challenging a prison disciplinary determination. The Attorney General has advised this Court that the determination has been administratively reversed, all references thereto have *1501 been expunged from petitioner’s institutional record and the mandatory $5 surcharge has been refunded to petitioner’s inmate account. In view of this, the petition must be dismissed as moot (see Matter of Vail v Bedard, 136 AD3d 1096 [2016]; Matter of Kagan v Lewin, 134 AD3d 1386 [2015]). Petitioner also requests that his $15 reduced filing fee be refunded and the record discloses that he paid this amount (see Matter of Clark v New York State Dept. of Corr. & Community Supervision, 138 AD3d 1331, 1332 [2016]; Matter of Warmus v Kaplan, 133 AD3d 1026, 1027 [2015]; Matter of McKethan v Prack, 111 AD3d 1046, 1046 [2013]). McCarthy, J.P., Rose, Lynch, Mulvey and Aarons, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $15.