Opinion
525638
05-17-2018
In the Matter of Barry MANUEL, Petitioner, v. Donald VENETTOZZI, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.
Barry Manuel, Auburn, petitioner pro se. Barbara D. Underwood, Acting Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Barry Manuel, Auburn, petitioner pro se.
Barbara D. Underwood, Acting Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Before: Garry, P.J., Egan Jr., Clark, Mulvey and Pritzker, JJ.
MEMORANDUM AND JUDGMENT
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 the Commissioner of Corrections and Community Supervision finding petitioner guilty of violating certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding seeking to annul a tier III determination finding him guilty of violating certain prison disciplinary rules. The Attorney General has advised this Court that the administrative determination has been 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. To the extent that petitioner seeks to be restored to the status that he enjoyed prior to the disciplinary determination, he is not entitled to this relief (see Matter of Brown v. Annucci, 157 A.D.3d 1182, 1182, 67 N.Y.S.3d 507 [2018] ; Matter of Ortega v. Lee, 156 A.D.3d 1084, 1085, 65 N.Y.S.3d 485 [2017] ). Accordingly, inasmuch as petitioner has received all of the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Nelson v. Annucci, 159 A.D.3d 1201, 1202, 70 N.Y.S.3d 99 [2018] ; Matter of Kennedy v. Annucci, 157 A.D.3d 1179, 1180, 67 N.Y.S.3d 504 [2018] ).
ADJUDGED that the petition is dismissed, as moot, without costs.
Garry, P.J., Egan Jr., Clark, Mulvey and Pritzker, JJ., concur.