Opinion
529907
01-23-2020
In the Matter of Marcus TELESFORD, Petitioner, v. Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.
Marcus Telesford, Pine City, petitioner pro se. Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Marcus Telesford, Pine City, petitioner pro se.
Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Before: Egan Jr., J.P., Mulvey, Devine, Pritzker 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 respondent finding petitioner guilty of violating a prison disciplinary rule.
Petitioner commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination that found him guilty of violating a prison disciplinary rule. The Attorney General has advised this Court that the determination has been administratively reversed and all references thereto have been expunged from petitioner's institutional record. As the letter indicates that petitioner has yet to be refunded the mandatory $5 surcharge (see 7 NYCRR 253.7 [b] ), he should be permitted to recoup that expense if he has not already done so (see Matter of Palczewski v. Annucci, 149 A.D.3d 1450, 1450, 52 N.Y.S.3d 736 [2017] ; Matter of Oppenheimer v. Griffin, 123 A.D.3d 1214, 1214, 998 N.Y.S.2d 256 [2014] ). Inasmuch as petitioner has been granted all the relief to which he is entitled, 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] ).
ADJUDGED that the petition is dismissed, as moot, without costs.
Egan Jr., J.P., Mulvey, Devine, Pritzker and Reynolds Fitzgerald, JJ., concur.