Opinion
529094
12-12-2019
In the Matter of Robert CUMBERLAND, Petitioner, v. Donald VENETTOZZI, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.
Robert Cumberland, Comstock, petitioner pro se. Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Robert Cumberland, Comstock, petitioner pro se.
Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Before: Egan Jr., J.P., Devine, Aarons and Pritzker, JJ.
MEMORANDUM AND JUDGMENT Petitioner commenced this CPLR article 78 proceeding challenging a prison disciplinary determination rendered following a rehearing. 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. The record reflects that the penalty imposed included three months loss of good time, and this amount should also be restored to petitioner (see Matter of Small v. State of New York , 171 A.D.3d 1380, 1381, 96 N.Y.S.3d 920 [2019] ; Matter of Chavez v. Annucci , 168 A.D.3d 1332, 1333, 90 N.Y.S.3d 917 [2019] ). As petitioner has otherwise received all of the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Telesford v. Annucci , 175 A.D.3d 1717, 1717, 106 N.Y.S.3d 638 [2019] ; Matter of Jackson v. Annucci , 171 A.D.3d 1381, 1381, 96 N.Y.S.3d 919 [2019] ). Furthermore, given that the record discloses that petitioner paid a reduced filing fee of $15 in connection with this proceeding, we grant his request for reimbursement of such amount (see Matter of Jackson v. Henley , 175 A.D.3d 1686, 1687, 106 N.Y.S.3d 647 [2019] ; Matter of Williams v. Keyser , 167 A.D.3d 1202, 1202, 87 N.Y.S.3d 909 [2018] ).
Egan Jr., J.P., Devine, Aarons and Pritzker, JJ., concur.
ADJUDGED that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $15.