Opinion
No. 535060
09-22-2022
In the Matter of Christopher Harrell, Petitioner, v. Anthony J. Annucci, as Acting Commissioner of Corrections and Community Supervision, Respondent.
Christopher Harrell, Napanoch, petitioner pro se. Letitia James, Attorney General, Albany (Kate H. Nepveu of counsel), for respondent.
Calendar Date: September 2, 2022
Christopher Harrell, Napanoch, petitioner pro se.
Letitia James, Attorney General, Albany (Kate H. Nepveu of counsel), for respondent.
Before: Garry, P.J., Clark, Reynolds Fitzgerald, Fisher and McShan, JJ.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination finding him guilty of violating certain prison disciplinary rules. The Attorney General has informed 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 $5 surcharge will be refunded to petitioner's account. To the extent that petitioner requests that he be restored to the status he enjoyed prior to the disciplinary proceeding, he is not entitled to such relief (see Matter of Jeffreys v New York State Dept. of Corr. & Community Supervision, 199 A.D.3d 1155, 1155 [3d Dept 2021]). As petitioner has received all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Tucker v Annucci, 204 A.D.3d 1286, 1287 [3d Dept 2022]; Matter of Key v State of N.Y. Dept. of Corr. & Community Supervision, 203 A.D.3d 1374, 1374 [3d Dept 2022]).
Garry, P.J., Clark, Reynolds Fitzgerald, Fisher and McShan, JJ., concur.
ADJUDGED that the petition is dismissed, as moot, without costs.