Opinion
11-02-2017
In the Matter of Akeem ULMER, Petitioner, v. Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, et al., Respondents.
Akeem Ulmer, Stormville, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondents.
Akeem Ulmer, Stormville, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondents.
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 Commissioner of Corrections and Community Supervision finding petitioner guilty of violating certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding challenging a tier III determination finding him guilty of violating certain prison disciplinary rules. 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. We note that the loss of good time incurred as part of the penalty should also be restored (see Matter of Worth v. Venettozzi, 152 A.D.3d 844, 844, 54 N.Y.S.3d 887 [2017] ). Otherwise, as petitioner has received all of the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Serrano v. Smith, 152 A.D.3d 854, 854, 54 N.Y.S.3d 890 [2017] ). To the extent that petitioner requests that he be restored to the status he enjoyed prior to the disciplinary determination, he is not entitled to such relief (see Matter of Smith v. Prack, 131 A.D.3d 784, 784, 14 N.Y.S.3d 722 [2015] ).
ADJUDGED that the petition is dismissed, as moot, without costs.
McCARTHY, J.P., LYNCH, DEVINE, MULVEY and PRITZKER, JJ., concur.