Barrientos v. Annucci

Full title: In the Matter of RENE BARRIENTOS, Petitioner, v. ANTHONY J. ANNUCCI, as…

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

Date published: Oct 30, 2014

121 A.D.3d 1495 (N.Y. App. Div. 2014)

2014 N.Y. Slip Op. 7418

994 N.Y.S.2d 316

Opinion

518869

10-30-2014

In the Matter of RENE BARRIENTOS, Petitioner, v. ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.

Rene Barrientos, Elmira, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Kathleen M. Arnold of counsel), for respondent.

Peters, P.J.

Before: , Lahtinen, Rose, Lynch and Devine, JJ.

Rene Barrientos, Elmira, petitioner pro se.

Eric T. Schneiderman, Attorney General, Albany (Kathleen M. Arnold of counsel), for respondent.

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 which found petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding to challenge a determination finding him guilty of violating a prison disciplinary rule. The Attorney General has advised this Court that the determination at issue has been administratively reversed, all references thereto expunged from petitioner's institutional record and the mandatory surcharge refunded to his inmate account. Petitioner has thus received all the relief to which he is entitled, and the petition is dismissed as moot (see Matter of Scott v Fischer, 119 AD3d 1307, 1307 [2014]).

Peters, P.J., Lahtinen, Rose, Lynch and Devine, JJ., concur.

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