Opinion
08-01-2024
In the Matter of Jeffrey JOSEPH, Petitioner, v. Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.
Jeffrey Joseph, Alden, petitioner pro se. Letitia James, Attorney General, Albany (Kate H. Nepveu of counsel), for respondent.
Jeffrey Joseph, Alden, petitioner pro se.
Letitia James, Attorney General, Albany (Kate H. Nepveu of counsel), for respondent.
Before: Garry, P.J., Egan Jr., Aarons, Reynolds Fitzgerald 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 has been administratively reversed and all references thereto have been expunged from petitioner’s institutional record. As petitioner has received all the relief to which he is entitled, the appeal must be dismissed as moot (see Matter of Ross v. Rodríguez, 225 A.D.3d 1051, 1052, 205 N.Y.S.3d 290 [3d Dept. 2024]; Matter of Windley v. Rodríguez, 224 A.D.3d 983, 984, 204 N.Y.S.3d 241 [3d Dept. 2024]). Because the record reflects that petitioner paid a filing fee of $305 and he has requested a refund thereof, we grant his request for that amount (see Matter of Blanchard v. Venettozzi, 194 A.D.3d 1295, 1295, 144 N.Y.S.3d 401 [3d Dept. 2021]).
The Attorney General indicates that the mandatory $5 surcharge was not taken out of prtitioner’s account.
Garry, P.J., Egan Jr., Aarons, Reynolds Fitzgerald and McShan, JJ., concur.
ADJUDGED that the appeal is dismissed, as moot, without costs, but with disbursements in the amount of $305.