Opinion
09-21-2017
In the Matter of Jermaine HABEEB, Petitioner, v. Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.
Jermaine Habeeb, Elmira, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Jermaine Habeeb, Elmira, 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 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 at issue 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 that was imposed as part of the penalty should also be restored to petitioner (see Matter of Gega v. Annucci, 149 A.D.3d 1439, 1439, 50 N.Y.S.3d 893 [2017] ). Otherwise, as petitioner has been granted all of the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Elder v. New York State Dept. of Corr. & Community Supervision, 149 A.D.3d 1390, 1390, 50 N.Y.S.3d 315 [2017] ).
ADJUDGED that the petition is dismissed, as moot, without costs.
PETERS, P.J., EGAN JR., LYNCH, DEVINE and AARONS, JJ., concur.