Patterson v. Keyser

• Decision Date: 21 July 2022
• Docket Number: 534817
• Parties: In the Matter of Bernard PATTERSON, Petitioner, v. William KEYSER, as Superintendent of Sullivan Correctional Facility, Respondent.
• Court: New York Supreme Court — Appellate Division

170 N.Y.S.3d 518 (Mem)

In the Matter of Bernard PATTERSON, Petitioner,

v.William KEYSER, as Superintendent of Sullivan Correctional Facility, Respondent.

534817

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

Calendar Date: June 17, 2022

Decided and Entered: July 21, 2022

Bernard Patterson, Romulus, petitioner pro se.

Letitia James, Attorney General, Albany (Kate H. Nepveu of counsel), for respondent.

Before: Egan Jr., J.P., Clark, Ceresia, Fisher and McShan, JJ.

MEMORANDUM AND JUDGMENT

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 respondent finding petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding challenging a tier II disciplinary determination finding him guilty of violating a prison disciplinary rule. 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 $5 mandatory surcharge has been refunded to petitioner's institutional 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 Stubbs v. Venettozzi, 204 A.D.3d 1215, 1215, 164 N.Y.S.3d 536 [2022] ; Matter of Shepherd v. Annucci, 193 A.D.3d 1134, 1134, 141 N.Y.S.3d 737 [2021] ). As the record reflects that petitioner paid a reduced filing fee of $50, and he has requested reimbursement thereof, we grant petitioner's request for that amount (see Matter of Houston v. Annucci, 200 A.D.3d 1387, 1387, 155 N.Y.S.3d 381 [2021] ).

Egan Jr., J.P., Clark, Ceresia, Fisher and McShan, JJ., concur.

ADJUDGED that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $50.