IN RE: Leonardo VALDEZ–CRUZ (2023)

MEMORANDUM AND JUDGMENT

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Ulster 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 tier II disciplinary determination finding him guilty of violating certain prison disciplinary rules.  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 $5 mandatory surcharge has been refunded to petitioner's account.  To the extent that petitioner seeks to be restored to the status he enjoyed prior to the disciplinary determination, he is not entitled to that relief (see Matter of Iverson v. Annucci, 215 A.D.3d 1145, 1145, 187 N.Y.S.3d 847 [3d Dept. 2023]).  Given that petitioner has received all of the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Perkins v. Annucci, 216 A.D.3d 1388, 1388–1389, 188 N.Y.S.3d 284 [3d Dept. 2023];  Matter of Tucker v. Annucci, 204 A.D.3d 1286, 1287, 165 N.Y.S.3d 388 [3d Dept. 2022]).

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

Egan Jr. J.P., Clark, Pritzker, McShan and Mackey, JJ., concur.