Opinion
525509
04-26-2018
In the Matter of Hasim THIOUBO, Petitioner, v. Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.
Hasim Thioubo, Auburn, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Hasim Thioubo, Auburn, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Before: McCarthy, J.P., Lynch, Clark, Rumsey and Pritzker, JJ.
MEMORANDUM AND JUDGMENTProceeding 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 seeking to challenge a tier III determination finding him guilty of violating a prison disciplinary rule. The Attorney General has advised this Court that the administrative determination has been 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. 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 Brown v. Annucci, 157 A.D.3d 1182, 1182, 67 N.Y.S.3d 507 [2018] ; Matter of Morgan v. Venettozzi, 156 A.D.3d 1107, 1107, 65 N.Y.S.3d 474 [2017] ). Accordingly, inasmuch as petitioner has received all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Blake v. Annucci, 156 A.D.3d 1102, 1103, 65 N.Y.S.3d 477 [2017] ; Matter of Diaz v. Venettozzi, 156 A.D.3d 1086, 1087, 65 N.Y.S.3d 482 [2017] ). As the record reflects that petitioner paid a reduced filing fee of $15 and has requested a refund thereof, we grant his request for reimbursement of that amount.
ADJUDGED that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $15.
McCarthy, J.P., Lynch, Clark, Rumsey and Pritzker, JJ., concur.