Opinion
05-23-2024
In the Matter of Anthony DAVIS, Appellant, v. Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent
Anthony Davis, Malone, appellant pro se. Letitia James, Attorney General, Albany (Kate H. Nepveu of counsel), for respondent.
Anthony Davis, Malone, appellant pro se.
Letitia James, Attorney General, Albany (Kate H. Nepveu of counsel), for respondent.
Before: Garry, P.J., Clark, Pritzker, Fisher and Powers, JJ.
MEMORANDUM AND ORDER
Appeal from a judgment of the Supreme Court (E. Danielle Jose–Decker, J.), entered June 22, 2023 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding raising procedural challenges to a tier III disciplinary determination finding him guilty of violating certain prison disciplinary rules. Following joinder of issue, Supreme Court rejected petitioner’s procedural challenges to the disciplinary determination and denied the petition. This appeal ensued. 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 inmate account. Given that petitioner has received all of the relief to which he is entitled, the appeal must be dismissed as moot (see Matter of Baxter v. Annucci, 204 A.D.3d 1203, 1203, 164 N.Y.S.3d 530 [3d Dept. 2022]; Matter of Brown v. Venettozzi, 164 A.D.3d 1582, 1582, 81 N.Y.S.3d 925 [3d Dept. 2018]).
Garry, P.J., Clark, Pritzker, Fisher and Powers, JJ., concur.
ORDERED that the appeal is dismissed, as moot, without costs.