Opinion
533335
11-10-2021
In the Matter of Clarence JEFFREYS, Petitioner, v. NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, Respondent.
Clarence Jeffreys, Napanoch, petitioner pro se. Letitia James, Attorney General, Albany (Kate H. Nepveu of counsel), for respondent.
Clarence Jeffreys, Napanoch, petitioner pro se.
Letitia James, Attorney General, Albany (Kate H. Nepveu of counsel), for respondent.
Before: Egan Jr., J.P., Clark, Aarons, Reynolds Fitzgerald and Colangelo, JJ.
MEMORANDUM AND JUDGMENT
(1) 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 Commissioner of Corrections and Community Supervision finding petitioner guilty of violating certain prison disciplinary rules, and (2) motion for costs and disbursements.
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 has been refunded to petitioner's inmate account. "Further, to the extent that he seeks such relief, petitioner is not entitled to be restored to the status he enjoyed prior to the disciplinary determination" ( Matter of Herbert v. Venettozzi, 162 A.D.3d 1454, 1455, 75 N.Y.S.3d 920 [2018] [internal quotation marks and citation omitted]; see Matter of Hamilton v. Annucci, 171 A.D.3d 1385, 1385, 96 N.Y.S.3d 917 [2019] ). Accordingly, as petitioner has received all of the relief to which he is entitled in this proceeding, the petition must be dismissed as moot (see Matter of Brown v. Annucci, 181 A.D.3d 1087, 1088, 117 N.Y.S.3d 896 [2020] ; Matter of Telesford v. Annucci, 175 A.D.3d 1717, 1717, 106 N.Y.S.3d 638 [2019] ).
As a final matter, because the record reflects that petitioner paid a filing fee of $140 and he has requested a refund thereof, we grant that portion of his motion requesting reimbursement of that amount (see Matter of Rucano v. Annucci, 155 A.D.3d 1217, 1217, 63 N.Y.S.3d 273 [2017], lv denied 30 N.Y.3d 913, 2018 WL 943642 [2018] ; Matter of Farrell v. Annucci, 155 A.D.3d 1197, 1198, 63 N.Y.S.3d 262 [2017] ). Petitioner's remaining requests have been considered and rejected.
Egan Jr., J.P., Clark, Aarons, Reynolds Fitzgerald and Colangelo, JJ., concur.
ADJUDGED that the petition is dismissed, as moot, without costs.
ORDERED that the motion is granted, without costs, to the extent that petitioner is awarded disbursements in the amount of $140.