Opinion
533644
04-21-2022
In the Matter of Clarence TUCKER, Petitioner, v. Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.
Clarence Tucker, Comstock, petitioner pro se. Letitia James, Attorney General, Albany (Martin Hotvet of counsel), for respondent.
Clarence Tucker, Comstock, petitioner pro se.
Letitia James, Attorney General, Albany (Martin Hotvet of counsel), for respondent.
Before: Egan Jr., J.P., Lynch, Clark, Pritzker and Ceresia, 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 respondent finding petitioner guilty of violating certain prison disciplinary rules. Petitioner commenced this CPLR article 78 proceeding seeking to challenge a tier III 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 mandatory $5 surcharge has been refunded to petitioner's institutional account. Accordingly, as petitioner has received all of the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Dominguez v. Wendland , 196 A.D.3d 991, 991–992, 148 N.Y.S.3d 398 [2021] ; Matter of Santana v. Annucci, 190 A.D.3d 1182, 1183, 136 N.Y.S.3d 800 [2021] ).
Egan Jr., J.P., Lynch, Clark, Pritzker and Ceresia, JJ., concur.
ADJUDGED that the petition is dismissed, as moot, without costs.