MATTER OF RODRIGUEZ v. PRACK

522345.

142 A.D.3d 1235 (2016)

37 N.Y.S.3d 722

In the Matter of NALDY RODRIGUEZ, Petitioner, v. ALBERT PRACK, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided September 22, 2016.


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 expunged from petitioner's institutional record and petitioner's inmate account was never charged the $5 mandatory surcharge. In view of this, petitioner has received all the relief to which he is entitled and the appeal must be dismissed as moot ...

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