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Key v. N.Y. Dep't of Corr. & Cmty. Supervision

Supreme Court, Appellate Division, Third Department, New York.
Mar 10, 2022
203 A.D.3d 1374 (N.Y. App. Div. 2022)

Opinion

534000

03-10-2022

In the Matter of Roman G. KEY, Petitioner, v. State of New York DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, Respondent.

Roman G. Key, Malone, petitioner pro se.


Roman G. Key, Malone, petitioner pro se.

Before: Garry, P.J., Clark, Colangelo, Ceresia and Fisher, JJ.

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 the Commissioner of Corrections and Community Supervision finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding challenging a tier III determination finding him guilty of violating certain prison disciplinary rules. The Attorney General has advised this Court that the determination has since 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. In view of this, and given that petitioner has been granted all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Delgado v. Annucci, 197 A.D.3d 1483, 1484, 152 N.Y.S.3d 356 [2021] ; Matter of Pagan v. Annucci, 188 A.D.3d 1349, 1349, 131 N.Y.S.3d 918 [2020] ).

Garry, P.J., Clark, Colangelo, Ceresia and Fisher, JJ., concur.

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


Summaries of

Key v. N.Y. Dep't of Corr. & Cmty. Supervision

Supreme Court, Appellate Division, Third Department, New York.
Mar 10, 2022
203 A.D.3d 1374 (N.Y. App. Div. 2022)
Case details for

Key v. N.Y. Dep't of Corr. & Cmty. Supervision

Case Details

Full title:In the Matter of Roman G. KEY, Petitioner, v. State of New York DEPARTMENT…

Court:Supreme Court, Appellate Division, Third Department, New York.

Date published: Mar 10, 2022

Citations

203 A.D.3d 1374 (N.Y. App. Div. 2022)
160 N.Y.S.3d 918

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