Opinion
526473
12-13-2018
In the Matter of Angelo ORTIZ, Petitioner, v. Donald VENETTOZZI, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.
Angelo Ortiz, Beacon, petitioner pro se. Barbara D. Underwood, Attorney General, Albany (Owen Demuth of counsel), for respondent.
Angelo Ortiz, Beacon, petitioner pro se.
Barbara D. Underwood, Attorney General, Albany (Owen Demuth of counsel), for respondent.
Before: McCarthy, J.P., Egan Jr., Devine, Clark and Rumsey, 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 the Commissioner of Corrections and Community Supervision finding petitioner guilty of violating certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding challenging 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 mandatory $5 surcharge has been refunded to petitioner's inmate account. To the extent that petitioner seeks to be restored to the status that he enjoyed prior to the disciplinary determination, he is not entitled to such relief (see Matter of Herbert v. Venettozzi, 162 A.D.3d 1454, 1455, 75 N.Y.S.3d 920 [2018] ; Matter of Morgan v. Venettozzi, 156 A.D.3d 1107, 1107, 65 N.Y.S.3d 474 [2017] ). Accordingly, inasmuch as petitioner has been granted all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Adams v. Venettozzi, 163 A.D.3d 1392, 1393, 77 N.Y.S.3d 901 [2018] ; Matter of Liggan v. Rodriguez, 163 A.D.3d 1386, 1387, 77 N.Y.S.3d 910 [2018] ).
McCarthy, J.P., Egan Jr., Devine, Clark and Rumsey, JJ., concur.
ADJUDGED that the petition is dismissed, as moot, without costs.