Opinion
529095
01-23-2020
In the Matter of Jamel BLACK, Petitioner, v. Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.
Jamel Black, Elmira, petitioner pro se. Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Jamel Black, Elmira, petitioner pro se.
Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Before: Garry, P.J., Egan Jr., Devine, 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 certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination that found him guilty of violating certain prison disciplinary rules. 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. To the extent that petitioner seeks to be restored to the status that he enjoyed prior to the disciplinary determination, he is not entitled to such relief (see Matter of Ortiz v. Venettozzi, 167 A.D.3d 1200, 1200, 87 N.Y.S.3d 909 [2018] ; Matter of Boeck v. Annucci, 165 A.D.3d 1334, 1334, 82 N.Y.S.3d 748 [2018] ). The record establishes, however, that the penalty imposed included loss of good time, and, although not referenced in the Attorney General's letters, we note that the loss of three months of good time incurred by petitioner as a result of the determination should be restored (see Matter of Dacey v. Annucci, 173 A.D.3d 1585, 1585–1586, 101 N.Y.S.3d 672 [2019] ; Matter of Dudley v. Annucci, 168 A.D.3d 1333, 1333–1334, 91 N.Y.S.3d 734 [2019] ). Inasmuch as petitioner has been granted all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Chavez v. Annucci, 168 A.D.3d 1332, 1333, 90 N.Y.S.3d 917 [2019] ; Matter of Duchnowski v. Annucci, 168 A.D.3d 1301, 1301, 90 N.Y.S.3d 570 [2019] ). As the record reflects that petitioner has paid a reduced filing fee of $15 and has requested reimbursement thereof, we grant petitioner's request for that amount (see Matter of Delgado v. Annucci, 175 A.D.3d 1680, 1680, 106 N.Y.S.3d 641 [2019] ; Matter of Houghtaling v. Venettozzi, 160 A.D.3d 1309, 1309, 72 N.Y.S.3d 509 [2018] ). Petitioner's remaining requests have been considered and rejected.
Garry, P.J., Egan Jr., Devine, Reynolds Fitzgerald and Colangelo, JJ., concur.
ADJUDGED that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $15.