Opinion
525189
01-25-2018
In the Matter of Ladale KENNEDY, Petitioner, v. Anthony J. ANNUCCI, as Acting Commissioner of Corrections Community Supervision, Respondent.
Ladale Kennedy, Auburn, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Ladale Kennedy, Auburn, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Before: Egan Jr., J.P., Lynch, Clark, Aarons and Pritzker, JJ.
MEMORANDUM AND JUDGMENTProceeding 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 to challenge 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 $5 mandatory surcharge has been refunded to his inmate account. We note that the one month loss of good time incurred as part of the penalty imposed should also be restored (see Matter of Habeeb v. Annucci, 153 A.D.3d 1497, 1497, 59 N.Y.S.3d 912 [2017] ). Otherwise, petitioner has received all of the relief to which he is entitled, and therefore we dismiss the petition as moot (see Matter of Arriaga v. Capra, 153 A.D.3d 1542, 1542, 60 N.Y.S.3d 710 [2017]; Matter of Robinson v. Prack, 137 A.D.3d 1452, 1452, 29 N.Y.S.3d 556 [2016] ).
ADJUDGED that the petition is dismissed, as moot, without costs.
Egan Jr., J.P., Lynch, Clark, Aarons and Pritzker, JJ., concur.