Opinion
02-02-2017
In the Matter of Eric DeBERRY, Petitioner, v. Donald VENETTOZZI, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.
Eric DeBerry, Napanoch, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Owen Demuth of counsel), for respondent.
Eric DeBerry, Napanoch, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Owen Demuth of counsel), for respondent.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Ulster County) to review a determination of the Commissioner of Corrections and Community Supervision finding 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 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. In light of this, and given that petitioner has received all of the relief to which he is entitled, the petition is dismissed as moot (see Matter of Ballard v. Racette, 140 A.D.3d 1428, 32 N.Y.S.3d 518 [2016] ).
ADJUDGED that the petition is dismissed, as moot, without costs.
McCARTHY, J.P., GARRY, EGAN JR., DEVINE and AARONS, JJ., concur.