In the Matter of Tony McGee, Petitioner, v. R.K. Smith, as Custodial Maintenance Teacher, et al., Respondents

In the Matter of Tony McGee, Petitioner, v R.K. Smith, as Custodial Maintenance Teacher, et al., Respondents. [13 NYS3d 919] [MAJORITY] 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 the Superintendent of Sullivan Correctional Facility which found petitioner guilty of violating certain prison disciplinary rules. Petitioner commenced this CPLR article 78 proceeding to challenge a tier II determination that found him guilty of being out of place and a movement regulation violation. 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 his inmate account. Petitioner is not entitled to be restored to the status that he enjoyed prior to the disciplinary determination (see Matter of Ponder v Annucci, 128 AD3d 1255, 1255 [2015]; Matter of Raduns v Prack, 122 AD3d 995, 995-996 [2014]). In view of this, and given that petitioner has received all of the relief to which he is entitled, the matter is dismissed as moot (see Matter of McCaskell v Department of Corn & Community Supervision, 128 AD3d 1208, 1208-1209 [2015]; Matter of Bain v Annucci, 127 AD3d 1533, 1533 [2015]). Lahtinen, J.P., Rose, Lynch and Clark, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.