Opinion
09-15-2016
In the Matter of David N. GUIFFRE, Petitioner, v. Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.
David N. Guiffre, Willard, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
David N. Guiffre, Willard, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
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 determination finding him guilty of violating a prison disciplinary rule. The Attorney General has advised this Court that such determination has since 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. In view of this, the petition must be dismissed as moot (see Matter of Williams v. Venettozzi, 140 A.D.3d 1508, 1508, 33 N.Y.S.3d 774 [2016]; Matter of Robinson v. Prack, 137 A.D.3d 1452, 1452, 29 N.Y.S.3d 556 [2016] ). Although petitioner seeks to be restored to the status that he enjoyed prior to the disciplinary determination, he is not entitled to this relief (see Matter of Thompson v. Annucci, 140 A.D.3d 1521, 1521, 34 N.Y.S.3d 698 [2016] ; Matter of Khudan v. Annucci, 139 A.D.3d 1198, 1198, 29 N.Y.S.3d 827 [2016] ). We note, however, that any loss of good time that was imposed as part of the penalty should be restored to petitioner (see Matter of Zoccoli v. Annucci, 140 A.D.3d 1512, 1513, 33 N.Y.S.3d 768 [2016] ; Matter of Clark v. New York State Dept. of Corr. & Community Supervision, 138 A.D.3d 1331, 1332, 28 N.Y.S.3d 639 [2016] ).
ADJUDGED that the petition is dismissed, as moot, without costs.
PETERS, P.J., GARRY, ROSE, DEVINE and MULVEY, JJ., concur.