2020 NY Slip Op 04353
N.Y. App. Div. 3rd
2020

Matter of Barrera v Panzarella

Appellate Division, Third Department

July 30, 2020

2020 NY Slip Op 04353 [185 AD3d 1362]

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, September 2, 2020

In the Matter of Gerardo Barrera, Petitioner, v Lieutenant Mario Panzarella, as Hearing Officer, et al., Respondents.

Gerardo Barrera, Newburgh, petitioner pro se.

Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondents.

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 Superintendent of Sing Sing Correctional Facility finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding to challenge 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 mandatory $5 surcharge has been refunded to petitioner‘s inmate account. To the extent that petitioner seeks to be restored to the housing status that he previously enjoyed, petitioner is not entitled to that relief (see Matter of Mercado v Annucci, 172 AD3d 1844, 1845 [2019]). As petitioner has received all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Dove v Collado, 182 AD3d 893, 893 [2020]; Matter of Breeden v New York State Dept. of Corr. & Community Supervision, 179 AD3d 1374, 1375 [2020]).

Clark, J.P., Mulvey, Devine, Aarons and Pritzker, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.