Opinion
529759
01-23-2020
In the Matter of Bernard PATTERSON, Petitioner, v. Anthony RODRIGUEZ, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.
Bernard Patterson, Fallsburg, petitioner pro se. Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Bernard Patterson, Fallsburg, petitioner pro se.
Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Before: Garry, P.J., Lynch, Clark, Devine and Aarons, 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 challenging a tier III disciplinary determination that found 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 $5 mandatory surcharge has been refunded to petitioner's inmate 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 of Ortiz v. Venettozzi, 167 A.D.3d 1200, 1200, 87 N.Y.S.3d 909 [2018] ; Matter of Boeck v. Annucci, 165 A.D.3d 1334, 1334, 82 N.Y.S.3d 748 [2018] ). Petitioner has been granted all the relief to which he is entitled, and, therefore, the petition must be dismissed as moot (see Matter of Chavez v. Annucci, 168 A.D.3d 1332, 1333, 90 N.Y.S.3d 917 [2019] ; Matter of Duchnowski v. Annucci, 168 A.D.3d 1301, 1301, 90 N.Y.S.3d 570 [2019] ). As the record reflects that petitioner has paid a reduced filing fee of $15 in connection with this proceeding, and has requested reimbursement thereof, we grant petitioner's request for that amount (see Matter of Cumberland v. Venettozzi, 178 A.D.3d 1225, 1225–26, 111 N.Y.S.3d 919, 2019 N.Y. Slip Op. 08905, *1 [2019] ; Matter of Delgado v. Annucci, 175 A.D.3d 1680, 1680, 106 N.Y.S.3d 641 [2019] ).
Garry, P.J., Lynch, Clark, Devine and Aarons, JJ., concur.
ADJUDGED that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $15.