Opinion
527220
03-14-2019
In the Matter of Robert MESECK, Petitioner, v. Shirley NOWORYTA, as Correction Officer at Wyoming Correctional Facility, et al., Respondents.
Robert Meseck, Sonyea, petitioner pro se. Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), respondents.
Robert Meseck, Sonyea, petitioner pro se.
Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), respondents.
Before: Garry, P.J., Egan Jr., Lynch, Devine and Aarons, JJ.
MEMORANDUM AND JUDGMENTPetitioner 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 determination at issue 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. Although petitioner requests that he be restored to the status he enjoyed prior to the disciplinary determination, he is not entitled to such relief (see Matter of Boeck v. Annucci, 165 A.D.3d 1334, 1334, 82 N.Y.S.3d 748 [2018] ). Given that petitioner has received all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Cunningham v. Annucci, 166 A.D.3d 1198, 1198, 84 N.Y.S.3d 918 [2018] ; Matter of Boeck v. Annucci, 165 A.D.3d at 1334, 82 N.Y.S.3d 748 ). As the record reflects that petitioner paid filing fees of $305 and has requested reimbursement thereof, we grant petitioner's request for that amount.
Garry, P.J., Egan Jr., Lynch, Devine and Aarons, JJ., concur.ADJUDGED that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $305.