Opinion
No. 533957
12-08-2022
In the Matter of Anthony Jefferies, Petitioner, v. New York State Department of Corrections and Community Supervision, Respondent.
Anthony Jeffries, Beacon, petitioner pro se. Letitia James, Attorney General, Albany (Kate H. Nepveu of counsel), for respondent.
Calendar Date:November 10, 2022
Anthony Jeffries, Beacon, petitioner pro se.
Letitia James, Attorney General, Albany (Kate H. Nepveu of counsel), for respondent.
Before: Garry, P.J., Egan Jr., Pritzker, Fisher and McShan, JJ.
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 the Acting Commissioner of Corrections and Community Supervision 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 expunged from petitioner's institutional record and the $5 mandatory surcharge refunded to petitioner's account. Although not referenced by the Attorney General, the penalty imposed included a recommended loss of good time, which also should be restored (see Matter of Clark v Leconey, 193 A.D.3d 1159, 1160 [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 Morgan v Rodriguez, 207 A.D.3d 1022, 1022 [3d Dept 2022]; Matter of Tucker v Annucci, 204 A.D.3d 1286, 1287 [3d Dept 2022]).
Garry, P.J., Egan Jr., Pritzker, Fisher and McShan, JJ., concur.
ADJUDGED that the determination is dismissed, as moot, without costs.