Opinion
525234
01-25-2018
In the Matter of James BROWN, Petitioner, v. Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.
James Brown, Comstock, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
James Brown, Comstock, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Before: McCarthy, J.P., Lynch, Mulvey, Rumsey 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 finding 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 mandatory $5 surcharge has been refunded to petitioner's inmate account. Additionally, "petitioner is not entitled to be restored to the status he enjoyed prior to the disciplinary determination" ( Matter of West v. Annucci, 134 A.D.3d 1379, 1380, 21 N.Y.S.3d 643 [2015] ; accord Matter ofStone v. Annucci, 155 A.D.3d 1214, 1214, 63 N.Y.S.3d 270 [2017] ). Accordingly, and inasmuch as petitioner has received all of the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Colon v. Venettozzi, 150 A.D.3d 1498, 1498, 54 N.Y.S.3d 751 [2017] ; Gega v. Annucci, 149 A.D.3d 1439, 1439, 50 N.Y.S.3d 893 [2017] ).
ADJUDGED that the petition is dismissed, as moot, without costs.
McCarthy, J.P., Lynch, Mulvey, Rumsey and Pritzker, JJ., concur.