Opinion
528443
08-01-2019
In the Matter of Joseph SIMON, Petitioner, v. Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.
Joseph Simon, Cape Vincent, petitioner pro se. Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Joseph Simon, Cape Vincent, petitioner pro se.
Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Before: Garry, P.J., Lynch, Clark, Devine and Rumsey, 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 two determinations of respondent finding petitioner guilty of violating certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding challenging two tier III prison disciplinary determinations finding him guilty of violating certain prison disciplinary rules. The Attorney General has advised this Court that the determinations have 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. Accordingly, given that petitioner has received all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Ack v. Venettozzi , 169 A.D.3d 1138, 1139, 91 N.Y.S.3d 905 [2019] ; Matter of Williams v. Keyser , 167 A.D.3d 1202, 1202, 87 N.Y.S.3d 909 [2019] ). As the record reflects that petitioner was ordered to pay a reduced filing fee of $15 and he has requested reimbursement thereof, we grant petitioner's request for that amount (see Matter of Sockwell v. LaClair , 170 A.D.3d 1416, 1417, 94 N.Y.S.3d 895 [2019] ; Matter of Abdul–Halim v. Venettozzi , 164 A.D.3d 1554, 1555, 81 N.Y.S.3d 773 [2018] ).
Garry, P.J., Lynch, Clark, Devine and Rumsey, JJ., concur.
ADJUDGED that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $15.