144 AD3d 1277
N.Y. App. Div. 3rd
2016

Matter of Aikio Garnes, Petitioner, v Anthony J. Annucci, as Acting Commissioner of Corrections and Community Supervision, Respondent.

Appellate Division, Third Department, New York

November 10, 2016

2016 NY Slip Op 07359 [144 AD3d 1277]

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 4, 2017

Aikio Garnes, Attica, 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 challenging a prison disciplinary determination. 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 not mentioned by the Attorney General, the loss of good time incurred by petitioner as a result of the disciplinary determination should also be restored (see Matter of Zoccoli v Annucci, 140 AD3d 1512, 1513 [2016]). Otherwise, as petitioner has received all the relief to which he is entitled, the proceeding must be dismissed as moot (see Matter of Clark v New York State Dept. of Corr. & Community Supervision, 138 AD3d 1331, 1332 [2016]; Matter of Corrieri v Annucci, 137 AD3d 1407, 1408 [2016]).

McCarthy, J.P., Garry, Lynch, Rose and Mulvey, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.