Matter of Garnes v. Annucci

State of New York Supreme Court, Appellate Division Third Judicial Department Decided and Entered: November 10, 2016 521995 ________________________________ In the Matter of AIKIO GARNES, Petitioner, v MEMORANDUM AND JUDGMENT ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent. ________________________________ Calendar Date: September 20, 2016 Before: McCarthy, J.P., Garry, Lynch, Rose and Mulvey, JJ. __________ Aikio Garnes, Attica, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent. __________ 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 certain prison disciplinary rules. Petitioner commenced this CPLR article 78 proceeding challenging a prison disciplinary determination. 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 petitioner's inmate account. Although not mentioned by the Attorney General, the loss of good time incurred by petitioner as a result of the disciplinary determination should also be restored (see Matter of Zoccoli v Annucci, 140 AD3d 1512, 1513 [2016]). Otherwise, as petitioner has received all the relief to which he is entitled, the -2- 521995 proceeding must be dismissed as moot (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 1407, 1408 [2016]). McCarthy, J.P., Garry, Lynch, Rose and Mulvey, JJ., concur. ADJUDGED that the petition is dismissed, as moot, without costs. ENTER: Robert D. Mayberger Clerk of the Court