Opinion
08-13-2015
In the Matter of Robert McLEE, Petitioner, v. Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, et al., Respondents.
Robert McLee, Dannemora, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondents.
Robert McLee, Dannemora, petitioner pro se.Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondents.
Opinion Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Chemung County) to review a determination of respondent Commissioner of Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding to challenge a tier III determination that found him guilty of making threats, bribery, harassment, soliciting and forwarding calls. 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 his inmate account. Petitioner is not entitled to be restored to the status that he enjoyed prior to the disciplinary determination (see Matter of Ponder v. Annucci, 128 A.D.3d 1255, 1255, 8 N.Y.S.3d 500 [2015] ; Matter of Raduns v. Prack, 122 A.D.3d 995, 995–996, 994 N.Y.S.2d 553 [2014] ). In view of this, and given that petitioner has received all of the relief to which he is entitled, the matter is dismissed as moot (see Matter of McCaskell v. Department of Corr. & Community Supervision, 128 A.D.3d 1208, 1208–1209, 8 N.Y.S.3d 498 [2015] ; Matter of Bain v. Annucci, 127 A.D.3d 1533, 1533, 5 N.Y.S.3d 924 [2015] ).
ADJUDGED that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $305.
PETERS, P.J., GARRY, LYNCH and DEVINE, JJ., concur.