Opinion
530855
09-24-2020
In the Matter of David LOUIME, Petitioner, v. Donald VENETTOZZI, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.
David Louime, Dannemora, petitioner pro se. Letitia James, Attorney General, Albany (Martin A. Hotvet of counsel), for respondent.
David Louime, Dannemora, petitioner pro se.
Letitia James, Attorney General, Albany (Martin A. Hotvet of counsel), for respondent.
Before: Egan Jr., J.P., Lynch, Mulvey, Devine and Reynolds Fitzgerald, 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 certain prison disciplinary rules. Petitioner commenced this CPLR article 78 proceeding to challenge a tier III disciplinary determination finding him guilty of violating various 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. The record reflects that the penalty imposed included a loss of good time and, although not referenced by the Attorney General, the loss of good time incurred by petitioner as a result of the disciplinary determination should be restored (see Matter of Black v. Annucci , 179 A.D.3d 1371, 1372, 114 N.Y.S.3d 736 [2020] ; Matter of Cumberland v. Venettozzi , 178 A.D.3d 1225, 1226, 111 N.Y.S.3d 919 [2019] ). 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 Perez v. Venettozzi , 182 A.D.3d 869, 869, 120 N.Y.S.3d 866 [2020] ; Matter of Black v. Annucci , 179 A.D.3d at 1372, 114 N.Y.S.3d 736 ). Inasmuch as petitioner has received all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Perez v. Venettozzi , 182 A.D.3d at 869, 120 N.Y.S.3d 866 ; Matter of Arriaga v. Panzarella , 181 A.D.3d 1143, 1144, 118 N.Y.S.3d 457 [2020] ).
Egan Jr., J.P., Lynch, Mulvey, Devine and Reynolds Fitzgerald, JJ., concur.
ADJUDGED that the petition is dismissed, as moot, without costs.