Opinion
09-14-2017
In the Matter of Elias CRUZ, Petitioner, v. Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.
Elias Cruz, Ossining, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Martin A. Hotvet of counsel), for respondent.
Elias Cruz, Ossining, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Martin A. Hotvet 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 tier III disciplinary determination finding him guilty of violating multiple disciplinary rules. 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 $5 mandatory surcharge will be refunded to petitioner's inmate account. As petitioner has received all of the relief to which he is entitled, the petition is dismissed as moot (see Matter of Makas v. Venettozzi, 138 A.D.3d 1342, 1342–1343, 28 N.Y.S.3d 643 [2016] ).
ADJUDGED that the petition is dismissed, as moot, without costs.
PETERS, P.J., MCCARTHY, LYNCH, ROSE and MULVEY, JJ., concur.