Opinion
524775
12-14-2017
In the Matter of Moises COLON, Petitioner, v. Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, et al., Respondents.
Moises Colon, Napanoch, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondents.
Moises Colon, Napanoch, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondents.
Before: Peters, P.J., Egan Jr., Clark, Mulvey and Pritzker, JJ.
MEMORANDUM AND JUDGMENT
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Ulster 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 him guilty of violating certain prison disciplinary rules. The Attorney General has advised this Court that the determination has since been administratively reversed, all references thereto have been expunged from petitioner's institutional record and the mandatory $5 surcharge has been refunded to petitioner's inmate account. Additionally, "petitioner is not entitled to be restored to the status he enjoyed prior to the disciplinary determination" ( Matter of Worth v. Venettozzi, 152 A.D.3d 844, 845, 54 N.Y.S.3d 887 [2017] [internal quotation marks and citation omitted] ). In view of this, and given that petitioner has been granted all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Nanton v. Annucci, 153 A.D.3d 976, 976, 56 N.Y.S.3d 922 [2017] ; Matter of Serrano v. Smith, 152 A.D.3d 854, 854, 54 N.Y.S.3d 890 [2017] ). As the record reflects that petitioner paid a reduced filing fee of $15 and other expenses in the amount of $24.05, and he has requested a refund thereof, we grant such request for reimbursement of said amounts.ADJUDGED that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $39.05.
Peters, P.J., Egan Jr., Clark, Mulvey and Pritzker, JJ., concur.