Micolo v. Kirkpatrick
| Decision Date | 02 February 2017 |
| Citation | 147 A.D.3d 1131,45 N.Y.S.3d 818 (Mem),2017 N.Y. Slip Op. 00697 |
| Parties | In the Matter of Marcus A. MICOLO, Petitioner, v. Michael KIRKPATRICK, as Superintendent of Clinton Correctional Facility, Respondent. |
| Court | New York Supreme Court — Appellate Division |
Marcus A. Micolo, Dannemora, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Proceeding pursuant to CPLR article 78 () to review a determination of respondent finding petitioner guilty of violating a prison disciplinary rule.
Petitioner commenced this CPLR article 78 proceeding to challenge a tier II determination finding him guilty of providing unauthorized legal assistance. 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 mandatory $5 surcharge has been refunded to petitioner's inmate account. Given that petitioner has received all of the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Arriaga v. Capra, 144 A.D.3d 1303, 1303, 40 N.Y.S.3d 301 [2016]; Matter of Simmons v. Kirkpatrick, 142 A.D.3d 1245, 1245, 37 N.Y.S.3d 717 [2016] ).
ADJUDGED that the petition is dismissed, as moot, without costs.
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Thousand v. Kirkpatrick
...has received all of the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Micolo v. Kirkpatrick, 147 A.D.3d 1131, 1131, 45 N.Y.S.3d 818 [2017] ). As the record reflects that petitioner paid a reduced filing fee of $15 and he has requested a refund thereof......