Opinion
534700
09-22-2022
In the Matter of Michael J. HILL, Petitioner, v. Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.
Michael J. Hill, Ossining, petitioner pro se. Letitia James, Attorney General, Albany (Martin A. Hotvet of counsel), for respondent.
Michael J. Hill, Ossining, petitioner pro se.
Letitia James, Attorney General, Albany (Martin A. Hotvet of counsel), for respondent.
Before: Lynch, J.P., Clark, Pritzker, Ceresia and McShan, 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 disciplinary 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 account. Although not referenced by the Attorney General, the penalty imposed included a recommended loss of good time, which should also be restored (see Matter of Jefferies v. New York State Dept. of Corr. & Community Supervision, 190 A.D.3d 1250, 1250, 136 N.Y.S.3d 816 [3d Dept. 2021] ). As petitioner has received all of the relief to which he is entitled, the matter is dismissed as moot (see Matter of Tucker v. Annucci, 204 A.D.3d 1286, 1287, 165 N.Y.S.3d 388 [3d Dept. 2022] ; Matter of Key v. State of N.Y. Dept. of Corr. & Community Supervision, 203 A.D.3d 1374, 1374, 160 N.Y.S.3d 918 [3d Dept. 2022] ).
Lynch, J.P., Clark, Pritzker, Ceresia and McShan, JJ., concur.
ADJUDGED that the petition is dismissed, as moot, without costs.