Opinion
526453
11-08-2018
In the Matter of Michael CUNNINGHAM, Petitioner, v. Amthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.
Michael Cunningham, Romulus, petitioner pro se. Barbara D. Underwood, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Michael Cunningham, Romulus, petitioner pro se.
Barbara D. Underwood, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Before: Garry, P.J., Egan Jr., Devine, 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 the Superintendent of Five Points Correctional Facility finding petitioner guilty of violating certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding to challenge a tier II prison disciplinary 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 $5 mandatory surcharge has been refunded to petitioner's inmate account. Inasmuch as petitioner has been granted all of the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Walker v. Annucci , 160 A.D.3d 1325, 1325–1326, 72 N.Y.S.3d 504 [2018] ; Matter of Houghtaling v. Venettozzi , 160 A.D.3d 1309, 1309, 72 N.Y.S.3d 509 [2018] ).
Garry, P.J., Egan Jr., Devine, Mulvey and Pritzker, JJ., concur.
ADJUDGED that the petition is dismissed, as moot, without costs.