Matter of Hines v Venettozzi

Matter of Hines v Venettozzi 2017 NY Slip Op 02112 Decided on March 23, 2017 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: March 23, 2017
523403

[*1]In the Matter of JAMES C. HINES II, Petitioner,

v

DONALD VENETTOZZI, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.

Calendar Date: January 24, 2017
Before: Peters, P.J., McCarthy, Lynch, Clark and Aarons, JJ.

James C. Hines II, Elmira, petitioner pro se.

Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.

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 finding petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating a prison disciplinary rule. The Attorney General has advised this Court that the determination at issue 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 imposed as a result of the disciplinary determination should also be restored to petitioner (see Matter of Garnes v Annucci, 144 AD3d 1277, 1277 [2016]; Matter of Zoccoli v Annucci, 140 AD3d 1512, 1513 [2016]). Otherwise, given that petitioner has been granted all of the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Boyd v Annucci, 142 AD3d 1214, 1214-1215 [2016]; Matter of Lawrence v Annucci, 141 AD3d 1063 [2016]).

Peters, P.J., McCarthy, Lynch, Clark and Aarons, JJ., concur.

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