Opinion
526936
03-21-2019
In the Matter of Dwayne MELLERSON, Appellant, v. Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.
Dwayne Mellerson, Marcy, appellant pro se. Letitia James, Attorney General, Albany (Robert M. Goldfarb of counsel), for respondent.
Dwayne Mellerson, Marcy, appellant pro se.
Letitia James, Attorney General, Albany (Robert M. Goldfarb of counsel), for respondent.
Before: Garry, P.J., Lynch, Devine, Aarons and Pritzker, JJ.
MEMORANDUM AND ORDER
Petitioner commenced this CPLR article 78 proceeding to challenge respondent's determination withholding one year of petitioner's good time allowance. Petitioner thereafter advised this Court that he was scheduled to be conditionally released to parole supervision in December 2018, and a review of the records of the Department of Corrections and Community Supervision confirms that petitioner was so released on December 6, 2018. Accordingly, given his conditional release during the pendency of this appeal, petitioner's challenge to respondent's determination withholding a portion of petitioner's good time allowance is moot (see Matter of Demarta v. Prack, 85 A.D.3d 1475, 1476, 926 N.Y.S.2d 211 [2011] ; Matter of Giersz v. Goord, 11 A.D.3d 831, 831, 783 N.Y.S.2d 319 [2004] ; Matter of Eades v. Duncan, 307 A.D.2d 503, 503, 761 N.Y.S.2d 887 [2003] ; Matter of Walker v. Senkowski, 260 A.D.2d 830, 831, 688 N.Y.S.2d 770 [1999] ).
Garry, P.J., Lynch, Devine, Aarons and Pritzker, JJ., concur.
ORDERED that the appeal is dismissed, as moot, without costs.