Opinion
524705
01-25-2018
In the Matter of Lusher WALLACE, Petitioner, v. Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.
Lusher Wallace, Coxsackie, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Lusher Wallace, Coxsackie, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Before: Egan Jr., J.P., Devine, Mulvey, Aarons 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 a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding seeking to challenge a tier III 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 mandatory $5 surcharge has been refunded to petitioner's institutional 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 this relief (see Matter of Smart v. Annucci, 155 A.D.3d 1289, 1289, 63 N.Y.S.3d 910 [2017] ; Matter of Stone v. Annucci, 155 A.D.3d 1214, 1214, 63 N.Y.S.3d 910 [2017] ). Accordingly, and inasmuch as petitioner otherwise has received all of the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Thousand v. Kirkpatrick, 153 A.D.3d 1506, 1507, 59 N.Y.S.3d 919 [2017] ; Matter of Harrison v. Annucci, 153 A.D.3d 1495, 1495, 61 N.Y.S.3d 386 [2017] ).
ADJUDGED that the petition is dismissed, as moot, without costs.
Egan Jr., J.P., Devine, Mulvey, Aarons and Rumsey, JJ., concur.