Opinion
530672
09-24-2020
In the Matter of Marvin GREENE, Petitioner, v. Anthony J. ANNUCCI, as Acting Commissioner of Corrections And Community Supervision, Respondent.
Marvin Greene, Binghamton, petitioner pro se. Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Marvin Greene, Binghamton, petitioner pro se.
Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Before: Garry, P.J., Egan Jr., 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 respondent finding petitioner guilty of violating certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding challenging a tier III 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. We note that the loss of good time incurred as part of the penalty imposed should also be restored (see Matter of Guillebeaux v. Annucci , 156 A.D.3d 1001, 1001, 64 N.Y.S.3d 609 [2017] ). To the extent that petitioner seeks to be restored to the status he enjoyed prior to the disciplinary determination, he is not entitled to that relief (see Matter of Ortiz v. Venettozzi , 167 A.D.3d 1200, 1200, 87 N.Y.S.3d 909 [2018] ; Matter of Boeck v. Annucci , 165 A.D.3d 1334, 1334, 82 N.Y.S.3d 748 [2018] ). Given that petitioner has received all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Billups v. Annucci , 170 A.D.3d 1300, 1301, 93 N.Y.S.3d 914 [2019] ; Matter of Williams v. Chappius , 169 A.D.3d 1151, 1151, 91 N.Y.S.3d 904 [2019] ).
Garry, P.J., Egan Jr., Pritzker, Reynolds Fitzgerald and Colangelo, JJ., concur.
ADJUDGED that the petition is dismissed, as moot, without costs.