Opinion
524634
12-07-2017
In the Matter of Darius GUILLEBEAUX, Petitioner, v. Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.
Darius Guillebeaux, Malone, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Frank Brady of counsel), for respondent.
Darius Guillebeaux, Malone, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Frank Brady of counsel), for respondent.
Before: Garry, J.P., Rose, Mulvey, Aarons 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 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. Notwithstanding petitioner's request, he is not entitled to be restored to the status he enjoyed before the disciplinary determination (see Matter of Gega v. Annucci, 149 A.D.3d 1439, 1439, 50 N.Y.S.3d 893 [2017] ). We note that any loss of good time incurred as part of the penalty imposed should also be restored (see Matter of Worth v. Venettozzi, 152 A.D.3d 844, 844, 54 N.Y.S.3d 887 [2017] ). Otherwise, petitioner has been granted all the relief to which he is entitled and 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 Worth v. Venettozzi, 152 A.D.3d at 845, 54 N.Y.S.3d 887 ).
ADJUDGED that the petition is dismissed, as moot, without costs.
Garry, J.P., Rose, Mulvey, Aarons and Pritzker, JJ., concur.