Opinion
530351
07-30-2020
In the Matter of Stoker OLUKOTUN–WILLIAMS, Petitioner, v. Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, et al.
Stoker Olukotun–Williams, Wallkill, petitioner pro se. Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondents.
Stoker Olukotun–Williams, Wallkill, petitioner pro se.
Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondents.
Before: Garry, P.J., Egan Jr., Pritzker, Reynolds Fitzgerald and Colangelo, JJ.
MEMORANDUM AND JUDGMENT Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Ulster County) to review a determination of respondent Superintendent of Shawangunk Correctional Facility finding petitioner guilty of violating certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding challenging a tier II disciplinary determination finding him guilty of violating certain prison disciplinary rules. The Attorney General has advised this Court that the determination at issue has been administratively reversed, all references thereto have been expunged from petitioner's institutional record and the $5 mandatory surcharge was not charged to petitioner's inmate account. In view of this, and given that petitioner has received all of the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Nelson v. Annucci, 159 A.D.3d 1201, 1202, 70 N.Y.S.3d 99 [2018] ; Matter of Black v. Annucci, 156 A.D.3d 1084, 1084, 65 N.Y.S.3d 485 [2017] ). Although petitioner also requests to be restored to the status that he enjoyed prior to the disciplinary determination, he is not entitled to such relief (see Matter of Smart v. Annucci, 155 A.D.3d 1289, 1289, 63 N.Y.S.3d 910 [2017] ; Matter of Ponder v. Annucci, 128 A.D.3d 1255, 1255, 8 N.Y.S.3d 500 [2015] ). As the record reflects that petitioner paid a reduced filing fee of $15, and he has requested reimbursement thereof, we grant petitioner's request for that amount (see Matter of Rivera v. Lee, 160 A.D.3d 1193, 1193, 71 N.Y.S.3d 392 [2018] ; Matter of Black v. Annucci, 156 A.D.3d at 1084, 65 N.Y.S.3d 485 ).
ADUDGED that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $15.
Garry, P.J., Egan Jr., Pritzker, Reynolds Fitzgerald and Colangelo, JJ., concur.