Matter of Lewis v. New York State Department of Corrections and Community Supervision , 10 N.Y.S.3d 907 ( 2015 )

State of New York Supreme Court, Appellate Division Third Judicial Department Decided and Entered: June 25, 2015 519882 ________________________________ In the Matter of ANDRE LEWIS, Petitioner, v MEMORANDUM AND JUDGMENT NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, Respondent. ________________________________ Calendar Date: May 5, 2015 Before: Peters, P.J., Lahtinen, Rose and Lynch, JJ. __________ Andre Lewis, Woodbourne, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent. __________ Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Ulster County) to review a determination of the Superintendent of Eastern Correctional Facility which found 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 possessing gang-related material. The Attorney General has advised this Court that the determination at issue has been administratively reversed, all references thereto have been expunged from petitioner's institutional record, and the mandatory surcharge has been refunded to petitioner's inmate account. As petitioner has received all of the relief to which he is entitled, the matter is dismissed as moot (see Matter of -2- 519882 Ramos v Department of Corr. & Community Supervision, 123 AD3d 1215, 1216 [2014]). Peters, P.J., Lahtinen, Rose and Lynch, JJ., concur. ADJUDGED that the petition is dismissed, as moot, without costs. ENTER: Robert D. Mayberger Clerk of the Court