Opinion
530893
12-10-2020
In the Matter of Vinod PATEL, Petitioner, v. Donald VENETTOZZI, as Acting Memorandum and Judgment Director of Special Housing and Inmate Disciplinary Programs, Respondent.
Vinod Patel, Woodbourne, petitioner pro se. Letitia James, Attorney General, Albany (Kate H. Nepveu of counsel), for respondent.
Vinod Patel, Woodbourne, petitioner pro se.
Letitia James, Attorney General, Albany (Kate H. Nepveu of counsel), for respondent.
Before: Mulvey, J.P., Aarons, Pritzker, Reynolds Fitzgerald and Colangelo, 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 the Commissioner of Corrections and Community Supervision finding petitioner guilty of violating a prison disciplinary rule.
Petitioner commenced this CPLR article 78 proceeding challenging a tier III 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 inmate account. Because petitioner has received all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Olukotun–Williams v. Annucci , 185 A.D.3d 1368, 1369, 126 N.Y.S.3d 427 [2020] ; Matter of Urena v. Keyser , 185 A.D.3d 1368, 1368, 126 N.Y.S.3d 431 [2020] ). As the record reflects that petitioner was ordered to pay a reduced filing fee of $35, and he has requested reimbursement thereof, we grant petitioner's request for that amount (see Matter of Olukotun–Williams v. Annucci , 185 A.D.3d at 1369, 126 N.Y.S.3d 427 ).
ADJUDGED that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $35.
Mulvey, J.P., Aarons, Pritzker, Reynolds Fitzgerald and Colangelo, JJ., concur.