Matter of Ramirez v Annucci

Matter of Ramirez v Annucci 2016 NY Slip Op 06018 Decided on September 15, 2016 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: September 15, 2016
521513

[*1]In the Matter of RICARDO RAMIREZ, Petitioner,

v

ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.

Calendar Date: August 8, 2016
Before: Peters, P.J., McCarthy, Devine, Clark and Mulvey, JJ.

Sophia Heller, Prisoners' Legal Services of New York, Albany, for petitioner.

Eric T. Schneiderman, Attorney General, Albany (Martin A. Hotvet 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 respondent finding petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding to challenge a modified determination finding him guilty of violating a prison disciplinary rule. The Attorney General has advised this Court that the determination has now been administratively reversed, all references thereto have been expunged from petitioner's institutional record and the $5 mandatory surcharge has been refunded to petitioner's inmate account. In view of this, the petition must be dismissed as moot

(see Matter of Robinson v Prack, 137 AD3d 1452, 1452 [2016]; Matter of Roye v Annucci, 137 AD3d 1392, 1393 [2016]). Although petitioner seeks to be restored to the status that he enjoyed prior to the disciplinary determination, he is not entitled to such relief (see Matter of Khudan v Annucci, 139 AD3d 1198, 1198 [2016]; Matter of Corrieri v Annucci, 137 AD3d 1407, 1408 [2016]). He is, however, entitled to the restoration of any good time lost as part of the penalty imposed by the modified determination (see Matter of Clark v New York State Dept. of Corr. & Community Supervision, 138 AD3d 1331, 1332 [2016]; Matter of Corrieri v Annucci, 137 AD3d at 1408).

Peters, P.J., McCarthy, Devine, Clark and Mulvey, JJ., concur.

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