Opinion
No. 534811
07-21-2022
In the Matter of Craig Melvin, Petitioner, v. Brian McAuliffe, as Superintendent of Riverview Correctional Facility, Respondent.
Craig Melvin, Ray Brook, petitioner pro se. Letitia James, Attorney General, Albany (Kate H. Nepveu of counsel), for respondent.
Calendar Date: June 17, 2022
Craig Melvin, Ray Brook, petitioner pro se.
Letitia James, Attorney General, Albany (Kate H. Nepveu of counsel), for respondent.
Before: Egan Jr., J.P., Clark, Ceresia, Fisher and McShan, JJ.
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 a prison disciplinary rule.
Petitioner commenced this CPLR article 78 proceeding challenging a tier II disciplinary determination finding him guilty of violating a prison disciplinary rule. 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 institutional account. To the extent that petitioner requests that he be restored to the status he enjoyed prior to the disciplinary proceeding, petitioner is not entitled to such relief (see Matter of Jeffreys v New York State Dept. of Corr. & Community Supervision, 199 A.D.3d 1155, 1155 [2021]; Matter of Loccenitt v Annucci, 196 A.D.3d 993, 993 [2021]). As petitioner has received all of the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Houston v Annucci, 200 A.D.3d 1387, 1387 [2021]; Matter of Jeffreys v New York State Dept. of Corr. & Community Supervision, 199 A.D.3d at 1155).
Egan Jr., J.P., Clark, Ceresia, Fisher and McShan, JJ., concur.
ADJUDGED that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $15.