Opinion
02-02-2017
In the Matter of Ralik BAILEY, Petitioner, v. Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.
Ralik Bailey, Dannemora, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Ralik Bailey, Dannemora, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
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 certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating certain prison disciplinary rules. The Attorney General has advised this Court that the subject determination has been administratively reversed, all references to the matter 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 petition is dismissed as moot (see Matter of Flood v. Prack, 141 A.D.3d 1070, 1070–1071, 35 N.Y.S.3d 671 [2016] ). We note that any good time lost by petitioner as a result of the disciplinary determination must also be restored (see Matter of Zoccoli v. Annucci, 140 A.D.3d 1512, 1513, 33 N.Y.S.3d 768 [2016] ). Finally, because the record demonstrates that petitioner was assessed a $15 reduced filing fee, he is entitled to a refund of that amount (see Matter of Rodriguez v. Prack, 142 A.D.3d 1235, 37 N.Y.S.3d 722 [2016] ).
ADJUDGED that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $15.
GARRY, J.P., EGAN JR., ROSE, CLARK and AARONS, JJ., concur.