Opinion
No. 535815
09-28-2023
In the Matter of Leonardo Valdez-Cruz, Petitioner, v. Jaifa Collado, as Superintendent of Shawangunk Correctional Facility, Respondent.
Leonardo Valdez-Cruz, Stormville, petitioner pro se. Letitia James, Attorney General, Albany (Kate H. Nepveu of counsel), for respondent.
Calendar Date: September 1, 2023
Leonardo Valdez-Cruz, Stormville, petitioner pro se.
Letitia James, Attorney General, Albany (Kate H. Nepveu of counsel), for respondent.
Before: Egan Jr., J.P., Clark, Pritzker, McShan and Mackey, JJ.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Ulster County) to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding challenging a tier II disciplinary 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 $5 mandatory surcharge has been refunded to petitioner's account. To the extent that petitioner seeks to be restored to the status he enjoyed prior to the disciplinary determination, he is not entitled to that relief (see Matter of Iverson v Annucci, 215 A.D.3d 1145, 1145 [3d Dept 2023]). Given that petitioner has received all of the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Perkins v Annucci, 216 A.D.3d 1388, 1388-1389 [3d Dept 2023]; Matter of Tucker v Annucci, 204 A.D.3d 1286, 1287 [3d Dept 2022]).
Egan Jr. J.P., Clark, Pritzker, McShan and Mackey, JJ., concur.
ADJUDGED that the petition is dismissed, as moot, without costs.