Opinion
528440
03-12-2020
In the Matter of Phillip BATTEASE, Petitioner, v. NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, Respondent.
Phillip Battease, Elmira, petitioner pro se. Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Phillip Battease, Elmira, petitioner pro se.
Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Before: Garry, P.J., Lynch, Devine, Aarons and Reynolds Fitzgerald, JJ.
MEMORANDUM AND JUDGMENT
Petitioner commenced this CPLR article 78 proceeding to challenge a tier III disciplinary determination finding him guilty of violating certain prison disciplinary rules. 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 has been refunded to petitioner's inmate account. To the extent that petitioner seeks reimbursement for wages lost from his assigned program, his request is denied (see Matter of Maye v. Venettozzi , 158 A.D.3d 879, 879, 67 N.Y.S.3d 522 [2018] ). Given that petitioner otherwise has received all of the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Jackson v. Henley , 175 A.D.3d 1686, 1687, 106 N.Y.S.3d 647 [2019] ; Matter of Silva v. New York State Dept. of Corr. & Community Supervision , 172 A.D.3d 1862, 1862–1863, 99 N.Y.S.3d 724 [2019] ). As the record reflects that petitioner paid a reduced filing fee and other costs totaling $21, and he has requested reimbursement thereof, we grant petitioner's request for that amount (see Matter of Cumberland v. Venettozzi , 178 A.D.3d 1225, 1225, 111 N.Y.S.3d 919 [2019] ; Matter of Kielly v. New York State Dept. of Corr. & Community Supervision , 177 A.D.3d 1051, 1052, 109 N.Y.S.3d 915 [2019] ).
Garry, P.J., Lynch, Devine, Aarons and Reynolds Fitzgerald, JJ., concur.
ADJUDGED that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $21.