Opinion
530887
04-20-2023
In the Matter of Ernest IVERSON, Petitioner, v. Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.
Ernest Iverson, Stormville, petitioner pro se. Letitia James, Attorney General, Albany (Kate H. Nepveu of counsel), for respondent.
Ernest Iverson, Stormville, petitioner pro se.
Letitia James, Attorney General, Albany (Kate H. Nepveu of counsel), for respondent.
Before: Garry, P.J., Lynch, Clark, Aarons and Pritzker, 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 has been administratively reversed, all references thereto have been expunged from petitioner's institutional record and the mandatory $5 surcharge will be refunded to petitioner's inmate account. 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 Snyder v. Annucci, 188 A.D.3d 1531, 1532, 132 N.Y.S.3d 892 [3d Dept. 2020] ; Matter of Greene v. Annucci, 186 A.D.3d 1868, 1868, 129 N.Y.S.3d 354 [3d Dept. 2020] ). "Further, any claim for money damages must be asserted in the Court of Claims, not within a CPLR article 78 proceeding" ( Matter of Loccenitt v. Annucci, 196 A.D.3d 993, 993, 148 N.Y.S.3d 397 [3d Dept. 2021] [internal quotation marks and citations omitted]). Given that petitioner has received all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Clark v. Leconey, 193 A.D.3d 1159, 1160, 147 N.Y.S.3d 147 [3d Dept. 2021] ; Matter of Louime v. Venettozzi, 186 A.D.3d 1870, 1871, 129 N.Y.S.3d 351 [3d Dept. 2020] ). As the record reflects that petitioner has paid a reduced filing fee of $15, and he has requested reimbursement thereof, we grant petitioner's request and direct respondent to reimburse him that amount.
Garry, P.J., Lynch, Clark, Aarons and Pritzker, JJ., concur.
ADJUDGED that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $15.