Opinion
530901
07-30-2020
In the Matter of Ladale KENNEDY, Petitioner, v. Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.
Ladale Kennedy, Elmira, petitioner pro se. Letitia James, Attorney General, Albany (Martin A. Hotvet of counsel), for respondent.
Ladale Kennedy, Elmira, petitioner pro se.
Letitia James, Attorney General, Albany (Martin A. Hotvet of counsel), for respondent.
Before: Lynch, J.P., Clark, Mulvey, Devine and Aarons, 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 that found him guilty of violating several 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. The Attorney General further advises that petitioner was never charged and did not pay the $5 surcharge, and that the recommended loss of good time incurred by petitioner as a result of the disciplinary determination has been restored. Inasmuch as petitioner has been granted all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Albanese v. Annucci , 181 A.D.3d 1085, 1085, 117 N.Y.S.3d 890 [2020] ; Matter of Brown v. Annucci , 181 A.D.3d 1087, 1087, 117 N.Y.S.3d 896 [2020] ). As the record reflects that petitioner was ordered to pay a reduced filing fee of $50 and has requested reimbursement thereof, we grant petitioner's request for that amount (see Matter of Kielly v. New York State Dept. of Corr. & Community Supervision , 177 A.D.3d 1051, 1052, 109 N.Y.S.3d 915 [2019] ).
Lynch, J.P., Clark, Mulvey, Devine and Aarons, JJ., concur.
ADJUDGED that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $50.