Opinion
531968
01-28-2021
In the Matter of Anthony JEFFERIES, Petitioner, v. NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, Respondent.
Anthony Jefferies, Woodbourne, petitioner pro se. Letitia James, Attorney General, Albany (Kate H. Nepveu of counsel), for respondent.
Anthony Jefferies, Woodbourne, petitioner pro se.
Letitia James, Attorney General, Albany (Kate H. Nepveu of counsel), for respondent.
Before: Egan Jr., J.P., Clark, Aarons, Reynolds Fitzgerald and Colangelo, 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 the Commissioner of Corrections and Community Supervision finding petitioner guilty of violating a prison disciplinary rule.
Petitioner commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination finding him guilty of violating a prison disciplinary rule. The Attorney General has advised this Court that the subject disciplinary 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. Moreover, although not referenced by the Attorney General, the record reflects that the penalty included a loss of good time and this should also be restored (see Matter of Greene v. Annucci, 186 A.D.3d 1868, 1868, 129 N.Y.S.3d 354 [2020] ; Matter of Louime v. Venettozzi, 186 A.D.3d 1870, 1870, 129 N.Y.S.3d 351 [2020] ). Given that petitioner has received all of the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Dove v. Collado, 182 A.D.3d 893, 893, 120 N.Y.S.3d 874 [2020] ; Matter of Jiminez v. Annucci, 178 A.D.3d 1231, 1231, 111 N.Y.S.3d 915 [2019] ).
Egan Jr., J.P., Clark, Aarons, Reynolds Fitzgerald and Colangelo, JJ., concur.
ADJUDGED that the petition is dismissed, as moot, without costs.