Opinion
12-24-2015
In the Matter of Percy C. WEST, Petitioner, v. Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.
Percy C. West, Stormville, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Percy C. West, Stormville, petitioner pro se.Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
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 to challenge a determination finding him guilty of violating certain prison disciplinary rules. The Attorney General has advised this Court that the determination has since 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. In view of this, and given that petitioner has been granted all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Shields v. Prack, 131 A.D.3d 774, 775, 14 N.Y.S.3d 720 [2015] ). We note that petitioner is not entitled to be restored to the status he enjoyed prior to the disciplinary determination (see Matter of Smith v. Prack, 131 A.D.3d 784, 14 N.Y.S.3d 722 [2015] ).
ADJUDGED that the petition is dismissed, as moot, without costs.
LAHTINEN, J.P., ROSE, LYNCH and CLARK, JJ., concur.