State of New York
Supreme Court, Appellate Division
Third Judicial Department
Decided and Entered: August 6, 2015 520186
________________________________
In the Matter of TONY McGEE,
Petitioner,
v
MEMORANDUM AND JUDGMENT
R.K. SMITH, as Custodial
Maintenance Teacher, et al.,
Respondents.
________________________________
Calendar Date: June 8, 2015
Before: Lahtinen, J.P., Rose, Lynch and Clark, JJ.
__________
Tony McGee, Comstock, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Marcus J.
Mastracco of counsel), for respondents.
__________
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,
-2- 520186
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 Corr. & 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.
ENTER:
Robert D. Mayberger
Clerk of the Court