Matter of Desmarat v. Martuscello

Summary

The Appellate Division, Third Department dismissed as moot a CPLR article 78 proceeding challenging a tier II prison disciplinary determination. The matter became moot after the determination was administratively reversed, related references were expunged from the petitioner's institutional record, and the mandatory surcharge was refunded.

Holdings

1. The proceeding was dismissed as moot because petitioner had received all relief to which he was entitled.

Questions Presented

1. Whether the CPLR article 78 proceeding should be dismissed as moot after the challenged disciplinary determination was administratively reversed, expunged, and the surcharge refunded.

Disposition

dismissed