Matter of Harris v. Collado

Summary

The Appellate Division, Third Department dismissed as moot a CPLR article 78 proceeding challenging a prison disciplinary determination because the determination had been administratively reversed, expunged, and the mandatory surcharge refunded. The court granted the petitioner reimbursement of $21.40 in filing-related expenses and disbursements.

Holdings

1. The petition must be dismissed as moot because Harris received all relief to which he was entitled: administrative reversal of the determination, expungement of references from his institutional record, and refund of the mandatory surcharge.
2. Harris was entitled to disbursements of $21.40, consisting of the reduced filing fee and other expenses associated with the proceeding.

Questions Presented

1. Whether the article 78 proceeding became moot after the challenged disciplinary determination was administratively reversed, expunged from Harris's institutional record, and the mandatory surcharge was refunded.
2. Whether Harris was entitled to reimbursement of his $15 reduced filing fee and $6.40 in other proceeding-related expenses.

Disposition

dismissed