Brown v. Annucci (157 A.D.3d 1182, 2018)

—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 a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding challenging, a tier III disciplinary determination finding him guilty of violating a prison disciplinary rule. 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. Additionally, “petitioner is not entitled to be restored to the status he enjoyed prior to the disciplinary determination” (Matter of West v Annucci, 134 AD3d 1379, 1380 [2015]; accord Matter of Stone v Annucci, 155 AD3d 1214, 1214 [2017]). 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 Colon v Venettozzi, 150 AD3d 1498, 1498 [2017]; Matter of Gega v Annucci, 149 AD3d 1439, 1439 [2017]).

McCarthy, J.P., Lynch, Mulvey, Rumsey and Pritzker, JJ., concur.

Adjudged that the petition is dismissed, as moot, without costs.