Opinion
529108
03-12-2020
In the Matter of Renato ALBANESE, Petitioner, v. Anthony J. ANNUCCI, as Acting Commissioner of Corrections Community Supervision, Respondent.
Renato Albanese, Marcy, petitioner pro se. Letitia James, Attorney General, Albany (Martin A. Hotvet of counsel), for respondent.
Renato Albanese, Marcy, petitioner pro se.
Letitia James, Attorney General, Albany (Martin A. Hotvet of counsel), for respondent.
Before: Egan Jr., J.P., Mulvey, 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 Albany County) to review a determination of respondent finding petitioner guilty of violating a prison disciplinary rule.
Petitioner commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination that found 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 $5 mandatory surcharge has been refunded to petitioner's inmate account. The Attorney General further advises that the recommended loss of good time incurred by petitioner as a result of the disciplinary determination has been restored. Inasmuch as petitioner has been granted all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Harrison v. Venettozzi, 171 A.D.3d 1387, 1387–1388, 96 N.Y.S.3d 917 [2019] ; Matter of Boeck v. Annucci, 165 A.D.3d 1334, 1334, 82 N.Y.S.3d 748 [2018] ). As the record reflects that petitioner has paid a reduced filing fee of $15 and has paid and documented other expenses in connection with this proceeding in the amount of $60, and has requested reimbursement thereof, we grant petitioner's request for that amount. Petitioner's remaining requests have been considered and rejected.
ADJUDGED that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $75.
Egan Jr., J.P., Mulvey, Pritzker, Reynolds Fitzgerald and Colangelo, JJ., concur.