Matter of McGee v. Smith

Appellate Division of the Supreme Court of New York

Matter of McGee v. Smith

131 A.D.3d 756, 13 N.Y.S.3d 919

Appellate Division of the Supreme Court of the State of New York·Decided August 6, 2015·No. 520186·Published

Opinion

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 *757 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.

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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 *757 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.

Matter of McGee v. Smith, 131 A.D.3d 756, 13 N.Y.S.3d 919 (N.Y. Ct. App. 2015).

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Opinion

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