From Casetext: Smarter Legal Research

Colon v. Annucci

Supreme Court, Appellate Division, Third Department, New York.
Mar 15, 2018
159 A.D.3d 1216 (N.Y. App. Div. 2018)

Opinion

525404

03-15-2018

In the Matter of Armando COLON, Petitioner, v. Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.

Armando Colon, Fallsburg, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Martin A. Hotvet of counsel), for respondent.


Armando Colon, Fallsburg, petitioner pro se.

Eric T. Schneiderman, Attorney General, Albany (Martin A. Hotvet of counsel), for respondent.

Before: McCarthy, J.P., Devine, Clark, Mulvey and Pritzker, 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 directing that petitioner be placed in administrative segregation.

Petitioner commenced this CPLR article 78 proceeding challenging a determination placing him in administrative segregation following a hearing. The Attorney General has advised this Court that the determination has been administratively reversed and that all references thereto have been expunged from petitioner's institutional record. Inasmuch as petitioner has received all of the relief to which he is entitled and is no longer aggrieved, the petition must be dismissed as moot (see Matter of Russ v. Annucci, 134 A.D.3d 1368, 1368, 21 N.Y.S.3d 652 [2015] ; Matter of Pante v. Goord, 32 A.D.3d 1084, 1084, 820 N.Y.S.2d 819 [2006] ).

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

McCarthy, J.P., Devine, Clark, Mulvey and Pritzker, JJ., concur.


Summaries of

Colon v. Annucci

Supreme Court, Appellate Division, Third Department, New York.
Mar 15, 2018
159 A.D.3d 1216 (N.Y. App. Div. 2018)
Case details for

Colon v. Annucci

Case Details

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

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

Date published: Mar 15, 2018

Citations

159 A.D.3d 1216 (N.Y. App. Div. 2018)
2018 N.Y. Slip Op. 1697
69 N.Y.S.3d 842

Citing Cases

Herbert v. Venettozzi

Further, to the extent that he seeks such relief, "petitioner is not entitled to be restored to the status he…

Herbert v. Venettozzi

Further, to the extent that he seeks such relief, "petitioner is not entitled to be restored to the status he…