Case Information
*1 State of New York Supreme Court, Appellate Division Third Judicial Department Decided and Entered: December 15, 2016 522678 ________________________________
In the Matter of LESTER RUFUS,
Petitioner, v MEMORANDUM AND JUDGMENT ANTHONY ANNUCCI, as Acting
Commissioner of Corrections
and Community Supervision,
Respondent.
________________________________
Calendar Date: October 25, 2016
Before: Peters, P.J., McCarthy, Egan Jr., Clark and Aarons, JJ.
__________ Lester Rufus, Stormsville, 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 tier III 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 mandatory $5 surcharge has been refunded to petitioner's inmate account. Given that petitioner has received all of the relief to which he is entitled, the petition must be dismissed as moot (see Matter of James v Prack, 137 AD3d 1390, 1391 [2016]). Contrary to his *2 -2- 522678 request, petitioner is not entitled to be restored to the status he enjoyed prior to the disciplinary determination (see Matter of West v Annucci, 134 AD3d 1379, 1380 [2015]).
Peters, P.J., McCarthy, Egan Jr., Clark and Aarons, JJ., concur.
ADJUDGED that the petition is dismissed, as moot, without costs.
ENTER: Robert D. Mayberger Clerk of the Court