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Cody v. Annucci

Supreme Court, Appellate Division, Third Department, New York.
Nov 10, 2016
144 A.D.3d 1301 (N.Y. App. Div. 2016)

Opinion

11-10-2016

In the Matter of Roland CODY, Petitioner, v. Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community supervision, Respondent.

Roland Cody, Stormville, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.


Roland Cody, Stormville, petitioner pro se.

Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco 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 placing petitioner in involuntary protective custody.

Petitioner commenced this CPLR article 78 proceeding challenging a determination placing him in involuntary protective custody. The Attorney General has advised this Court that the determination has been administratively reversed and all references thereto have been expunged from petitioner's institutional record. Given that petitioner has received all the relief to which he is entitled, the petition is dismissed as moot (see e.g. Matter of Chao v. Hollingshead, 141 A.D.3d 1072, 1072, 35 N.Y.S.3d 673 [2016] ; Matter of Houston v. Annucci, 141 A.D.3d 996, 996, 34 N.Y.S.3d 917 [2016] ).

ADJUDGED that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $50.

LYNCH, J.P., DEVINE, CLARK, MULVEY and AARONS, JJ., concur.


Summaries of

Cody v. Annucci

Supreme Court, Appellate Division, Third Department, New York.
Nov 10, 2016
144 A.D.3d 1301 (N.Y. App. Div. 2016)
Case details for

Cody v. Annucci

Case Details

Full title:In the Matter of Roland CODY, Petitioner, v. Anthony J. ANNUCCI, as Acting…

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

Date published: Nov 10, 2016

Citations

144 A.D.3d 1301 (N.Y. App. Div. 2016)
2016 N.Y. Slip Op. 7381
40 N.Y.S.3d 301