Opinion
525743
06-28-2018
In the Matter of Betsy RAMOS, Petitioner, v. Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, et al., Respondents.
Betsy Ramos, Bedford Hills, petitioner pro se. Barbara D. Underwood, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Betsy Ramos, Bedford Hills, petitioner pro se.
Barbara D. Underwood, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Before: McCarthy, J.P., Egan Jr., Devine, Clark and Rumsey, JJ.
MEMORANDUM AND JUDGMENTProceeding 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 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 determination finding her 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 has been refunded to petitioner's inmate account. To the extent that petitioner seeks to be restored to the status that she enjoyed prior to the disciplinary determination, she is not entitled to such relief (see Matter of Thioubo v. Annucci, 160 A.D.3d 1327, 1327, 72 N.Y.S.3d 506 [2018] ). Accordingly, inasmuch as petitioner has received all of the relief to which she is entitled, the petition must be dismissed as moot (see Matter of Walker v. Annucci, 160 A.D.3d 1325, 1325–1326, 72 N.Y.S.3d 504 [2018] ; Matter of Houghtaling v. Venettozzi, 160 A.D.3d 1309, 1309, 72 N.Y.S.3d 509 [2018] ).
ADJUDGED that the petition is dismissed, as moot, without costs.
McCarthy, J.P., Egan Jr., Devine, Clark and Rumsey, JJ., concur.