Opinion
524748
12-07-2017
In the Matter of Atiq WESTON, Petitioner, v. Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.
Atiq Weston, Alden, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Atiq Weston, Alden, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Before: Peters, P.J., McCarthy, Lynch, Clark and Mulvey, 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 certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding 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 inmate account. Although petitioner further 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 Harrison v. Annucci, 153 A.D.3d 1495, 1495, 59 N.Y.S.3d 911 [2017] ; Matter of Wallace v. Annucci, 146 A.D.3d 1263, 1264, 44 N.Y.S.3d 923 [2017] ; Matter of Rufus v. Annucci, 145 A.D.3d 1294, 1295, 41 N.Y.S.3d 922 [2016] ). Accordingly, and inasmuch as petitioner has received all of the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Harrison v. Annucci, 153 A.D.3d at 1495, 59 N.Y.S.3d 911 ; Matter of Rufus v. Annucci, 145 A.D.3d at 1295, 41 N.Y.S.3d 922 ). As the record reflects that petitioner paid a reduced filing fee of $15 and he has requested a refund thereof, we grant such request for reimbursement of that amount.
ADJUDGED that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $15.
Peters, P.J., McCarthy, Lynch, Clark and Mulvey, JJ., concur.