Opinion
519541
08-06-2015
In the Matter of Lee WOODS, Petitioner, v. Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.
Lee Woods, Dannemora, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.
Lee Woods, Dannemora, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.
Opinion 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 which found petitioner guilty of violating a prison disciplinary rule.
Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating a prison disciplinary rule. 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 has been refunded 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 matter must be dismissed as moot (see Matter of Tevault v. Prack, 127 A.D.3d 1483, 5 N.Y.S.3d 918 [2015] ; Matter of Smith v. Annucci, 127 A.D.3d 1476, 5 N.Y.S.3d 922 [2015] ). Petitioner has no right to be restored to his prior status (see Matter of Wynn v. Fischer, 120 A.D.3d 1467, 1468, 991 N.Y.S.2d 909 [2014] ; Matter of Herring v. Prack, 118 A.D.3d 1200, 987 N.Y.S.2d 269 [2014] ).
ADJUDGED that the petition is dismissed, as moot, without costs.
LAHTINEN, J.P., GARRY, LYNCH and CLARK, JJ., concur.