Opinion
527592
06-27-2019
In the Matter of David DACEY, Petitioner, v. Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.
David Dacey, Ogdensburg, petitioner pro se. Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
David Dacey, Ogdensburg, petitioner pro se.
Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Before: Garry, P.J., Egan Jr., Lynch, Clark and Pritzker, 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 finding 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] ; Matter of Harrison v. Annucci, 159 A.D.3d 1255, 1255, 70 N.Y.S.3d 102 [2018] ). The record establishes, however, that the penalty imposed included loss of good time, and, although not referenced in the Attorney General's letter, we note that the loss of one month of good time incurred by petitioner as a result of the determination should be restored (see Matter of Dudley v. Annucci, 168 A.D.3d 1333, 1333–1334, 91 N.Y.S.3d 734 [2019] ; 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] ). Given that petitioner has received all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Williams v. Keyser, 167 A.D.3d 1202, 1202, 87 N.Y.S.3d 909 [2018] ; Matter of Houghtaling v. Venettozzi, 160 A.D.3d 1309, 1309, 72 N.Y.S.3d 509 [2018] ).
Garry, P.J., Egan Jr., Lynch, Clark and Pritzker, JJ., concur.
ADJUDGED that the petition is dismissed, as moot, without costs.