Matter of Albaladejo v New York State Dept. of Corr. & Community Supervision

Matter of Albaladejo v New York State Dept. of Corr. & Community Supervision 2015 NY Slip Op 00941 Decided on February 5, 2015 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided and Entered: February 5, 2015
519083

[*1]In the Matter of BRUCE ALBALADEJO, Petitioner,

v

NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION et al., Respondents.

Calendar Date: December 2, 2014
Before: Peters, P.J., McCarthy, Rose and Clark, JJ.

Bruce Albaladejo, Napanoch, petitioner pro se.

Eric T. Schneiderman, Attorney General, Albany (Kathleen M. Arnold of counsel), for respondents.

MEMORANDUM AND JUDGMENT

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 Commissioner of Corrections and Community Supervision which found petitioner guilty of violating a prison disciplinary rule.

Petitioner challenges a determination finding him guilty of drug use after his urine sample tested positive for the presence of THC. The Attorney General has advised this Court that the determination at issue has been administratively reversed, all references thereto expunged from petitioner's institutional record and the mandatory surcharge refunded to his inmate account. Although not mentioned by the Attorney General, we note that "any loss of good time incurred by petitioner as a result of

the determination should be restored" (Matter of Benitez v Fischer, 118 AD3d 1237, 1238 [2014] [internal quotation marks and citations omitted]). Otherwise, petitioner has received all the relief to which he is entitled and the petition must be dismissed as moot (see Matter of Martinez v Prack, 120 AD3d 1467, 1467 [2014]).

Peters, P.J., McCarthy, Rose and Clark, JJ., concur.

ADJUDGED that the petition is dismissed, as moot, without costs.