Opinion
534140
04-14-2022
In the Matter of Michael STUBBS, Petitioner, v. Donald VENETTOZZI, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.
Michael Stubbs, Buffalo, petitioner pro se. Letitia James, Attorney General, Albany (Kate H. Nepveu of counsel), for respondent.
Michael Stubbs, Buffalo, petitioner pro se.
Letitia James, Attorney General, Albany (Kate H. Nepveu of counsel), for respondent.
Before: Egan Jr., J.P., Aarons, Reynolds Fitzgerald, Ceresia and Fisher, 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 a prison disciplinary rule.
Petitioner commenced this CPLR article 78 proceeding seeking to challenge a tier III disciplinary determination. The Attorney General has advised this Court that the determination 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 institutional account. Although not referenced by the Attorney General, the penalty imposed included a recommended loss of good time, which should also be restored (see Matter of Jefferies v. New York State Department of Corr. & Community Supervision, 190 A.D.3d 1250, 1250, 136 N.Y.S.3d 816 [2021] ; Matter of Briggs v. Venettozzi, 190 A.D.3d 1186, 1186, 136 N.Y.S.3d 797 [2021] ). Given that petitioner has received all of the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Santana v. Annucci, 190 A.D.3d 1182, 1183, 136 N.Y.S.3d 800 [2021] ; Matter of Snyder v. Annucci, 188 A.D.3d 1531, 1532, 132 N.Y.S.3d 892 [2020] ). As the record reflects that petitioner paid a reduced filing fee of $15 and he has requested reimbursement thereof, we grant petitioner's request for that amount (see Matter of Houston v. Annucci, 200 A.D.3d 1387, 1387, 155 N.Y.S.3d 381 [2021] ).
In the event that the Commissioner of Corrections and Community Supervision has yet to refund the mandatory $5 surcharge, he is directed to take this corrective action (see Matter of Santana v. Annucci, 190 A.D.3d 1182, 1183 n., 136 N.Y.S.3d 800 [2021] ).
Egan Jr., J.P., Aarons, Reynolds Fitzgerald, Ceresia and Fisher, JJ., concur. ADJUDGED that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $15.