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In the Matter of JOHNNIE CHARLES, Petitioner, v. NORMAN BEZIO, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating a prison disciplinary rule. 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 been afforded all the relief to which he is entitled, the petition is dismissed as moot ( see Matter of Avincola v Fischer, 74 AD3d 1672, lv denied 15 NY3d 711; Matter of Perez v Fischer, 74 AD3d 1606).

Adjudged that the petition is dismissed, as moot, without costs.

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IN MATTER OF CHARLES v. BEZIO
(Jan 13, 2011)