Opinion
525417
04-26-2018
In the Matter of James DALLAS, Petitioner, v. Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.
James D. Dallas, Romulus, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
James D. Dallas, Romulus, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Before: Garry, P.J., Egan Jr., Lynch, Rumsey and Pritzker, JJ.
MEMORANDUM AND JUDGMENTProceeding 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 determination finding him guilty of violating a prison disciplinary rule. 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 one-month loss of good time imposed as part of the penalty should also be restored to petitioner (see Matter of Guillebeaux v. Annucci, 156 A.D.3d 1001, 1001, 64 N.Y.S.3d 609 [2017] ). Otherwise, given that 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, 157 A.D.3d 1182, 1182, 67 N.Y.S.3d 507 [2018] ; Matter of Wallace v. Annucci, 157 A.D.3d 1171, 1171, 67 N.Y.S.3d 513 [2018] ). As the record reflects that petitioner paid a reduced filing fee of $50 and he has requested a refund thereof, we grant such request for reimbursement in that amount.
ADJUDGED that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $50.
Garry, P.J., Egan Jr., Lynch, Rumsey and Pritzker, JJ., concur.