Opinion
525799
09-20-2018
In the Matter of Terrance ANDERSON, Petitioner, v. Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.
Terrance Anderson, Stormville, petitioner pro se. Barbara D. Underwood, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Terrance Anderson, Stormville, petitioner pro se.
Barbara D. Underwood, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Before: McCarthy, J.P., Lynch, Clark, Aarons 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 respondent finding petitioner guilty of violating a prison disciplinary rule.
Petitioner commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination that found him guilty of violating a prison disciplinary rule. 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 $5 mandatory surcharge has been refunded to petitioner's inmate account. Inasmuch as petitioner has been granted all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Silva v. Venettozzi, 162 A.D.3d 1437, 1437, 75 N.Y.S.3d 917 [2018] ; Matter of Hogan v. Annucci, 162 A.D.3d 1418, 1418, 75 N.Y.S.3d 922 [2018] ). 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.
ADJUDGED that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $15.
McCarthy, J.P., Lynch, Clark, Aarons and Pritzker, JJ., concur.