Opinion
530543
09-24-2020
In the Matter of Robert J. COLVIN, Petitioner, v. Donald VENETTOZZI, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.
Robert J. Colvin, Alden, petitioner pro se. Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Robert J. Colvin, Alden, petitioner pro se.
Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Before: Mulvey, J.P., Aarons, Pritzker, Reynolds Fitzgerald and Colangelo, 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 certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding challenging 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. "Further, to the extent that he seeks such relief, petitioner is not entitled to be restored to the status he enjoyed prior to the disciplinary determination" ( Matter of Herbert v. Venettozzi, 162 A.D.3d 1454, 1455, 75 N.Y.S.3d 920 [2018] [internal quotation marks and citation omitted]; see Matter of Hamilton v. Annucci, 171 A.D.3d 1385, 1385, 96 N.Y.S.3d 917 [2019] ). Accordingly, as petitioner has received all of the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Brown v. Annucci, 181 A.D.3d 1087, 1088, 117 N.Y.S.3d 896 [2020] ; Matter of Telesford v. Annucci, 175 A.D.3d 1717, 1717, 106 N.Y.S.3d 638 [2019] ).
Mulvey, J.P., Aarons, Pritzker, Reynolds Fitzgerald and Colangelo, JJ., concur.
ADJUDGED that the petition is dismissed, as moot, without costs.