Opinion
529542
12-12-2019
In the Matter of Arello BARNES, Petitioner, v. Donald VENETTOZZI, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.
Arello Barnes, Malone, petitioner pro se. Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Arello Barnes, Malone, petitioner pro se.
Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Before: Egan Jr., J.P., Clark, Mulvey and Aarons, JJ.
MEMORANDUM AND JUDGMENT
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Chemung County) to review a determination of the Commissioner of Corrections and Community Supervision finding petitioner guilty of violating a prison disciplinary rule.
Petitioner commenced this CPLR article 78 proceeding challenging a prison disciplinary determination. 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 $5 mandatory surcharge has been refunded to petitioner's inmate account. In view of this and given that petitioner has received all of the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Silva v. New York State Dept. of Corr. & Community Supervision , 172 A.D.3d 1862, 1862–1863, 99 N.Y.S.3d 724 [2019] ; Matter of Ford v. Annucci , 172 A.D.3d 1815, 1816, 98 N.Y.S.3d 924 [2019] ). As the record reflects that petitioner paid a reduced filing fee of $20 and $5.04 for photocopying expenses in connection with this proceeding, and he has requested reimbursement thereof, we grant petitioner's request for that amount (see Matter of Delgado v. Annucci , 175 A.D.3d 1680, 1680, 106 N.Y.S.3d 641 [2019] ; Matter of Mirabella v. Colvin , 172 A.D.3d 1807, 1807, 100 N.Y.S.3d 783 [2019] ).
Egan Jr., J.P., Clark, Mulvey and Aarons, JJ., concur. ADJUDGED that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $25.04.