Opinion
525307
03-22-2018
In the Matter of Tyrone HARRISON, Petitioner, v. Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.
Tyrone Harrison, Rome, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Tyrone Harrison, Rome, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Before: McCarthy, J.P., Lynch, Clark, Mulvey and Pritzker, JJ.
MEMORANDUM AND JUDGMENTProceeding 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 a prison disciplinary rule.
Petitioner commenced this CPLR article 78 proceeding seeking to challenge a tier III determination finding him guilty of violating a prison disciplinary rule. 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 mandatory $5 surcharge has been refunded to petitioner's institutional 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 ofSmart v. Annucci, 155 A.D.3d 1289, 1289, 63 N.Y.S.3d 910 [2017] ; Matter of Smith v. Prack, 131 A.D.3d 784, 784, 14 N.Y.S.3d 722 [2015] ). We note, however, that any loss of good time imposed should be restored (see Matter of Guillebeaux v. Annucci, 156 A.D.3d 1001, 1001, 64 N.Y.S.3d 609 [2017] ; Matter ofUlmer v. Annucci, 155 A.D.3d 1171, 1171, 62 N.Y.S.3d 822 [2017] ). Otherwise, inasmuch as petitioner has received all of the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Ulmer v. Annucci, 155 A.D.3d at 1171, 62 N.Y.S.3d 822; Matter of Habeeb v. Annucci, 153 A.D.3d 1497, 1498, 59 N.Y.S.3d 912 [2017] ).
ADJUDGED that the petition is dismissed, as moot, without costs.
McCarthy, J.P., Lynch, Clark, Mulvey and Pritzker, JJ., concur.