Opinion
526302
07-26-2018
In the Matter of Elvin MUNIZ, Petitioner, v. DIRECTOR OF SPECIAL HOUSING, DOCCS, Respondent.
Elvin Muniz, Ossining, petitioner pro se. Barbara D. Underwood, Attorney General, Albany (Marcus J. Mastracco, Albany, of counsel), for respondent.
Elvin Muniz, Ossining, petitioner pro se.
Barbara D. Underwood, Attorney General, Albany (Marcus J. Mastracco, Albany, of counsel), for respondent.
Before: Egan Jr., J.P., Lynch, Devine, 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 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 determination finding him guilty of violating certain prison 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 mandatory $5 surcharge has been refunded to petitioner's inmate account. Although petitioner seeks to be restored to the status that he enjoyed prior to the disciplinary determination, he is not entitled to this relief (see Matter of Thioubo v. Annucci, 160 A.D.3d 1327, 1327, 72 N.Y.S.3d 506 [2018] ; Matter of Smart v. Annucci, 155 A.D.3d 1289, 1289, 63 N.Y.S.3d 910 [2017] ). Accordingly, and inasmuch as petitioner has received all of the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Harrison v. Annucci, 159 A.D.3d 1255, 1256, 70 N.Y.S.3d 102 [2018] ; Matter of Colon v. Annucci, 156 A.D.3d 1099, 1099, 65 N.Y.S.3d 478 [2017] ).
ADJUDGED that the petition is dismissed, as moot, without costs.
Egan Jr., J.P., Lynch, Devine, Aarons and Pritzker, JJ., concur.