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Kennedy v. Annucci

Appellate Division of the Supreme Court of the State of New York
Jan 25, 2018
2018 N.Y. Slip Op. 506 (N.Y. App. Div. 2018)

Opinion

525189

01-25-2018

In the Matter of LADALE KENNEDY, Petitioner, v. ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.

Ladale Kennedy, Auburn, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.


Before: Egan Jr., J.P., Lynch, Clark, Aarons and Pritzker, JJ.

Ladale Kennedy, Auburn, petitioner pro se.

Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.

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 finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding to challenge a tier III 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 his inmate account. We note that the one month loss of good time incurred as part of the penalty imposed should also be restored (see Matter of Habeeb v Annucci, 153 AD3d 1497, 1497 [2017]). Otherwise, petitioner has received all of the relief to which he is entitled, and therefore we dismiss the petition as moot (see Matter of Arriaga v Capra, 153 AD3d 1542, 1542 [2017]; Matter of Robinson v Prack, 137 AD3d 1452, 1452 [2016]).

Egan Jr., J.P., Lynch, Clark, Aarons and Pritzker, JJ., concur.

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


Summaries of

Kennedy v. Annucci

Appellate Division of the Supreme Court of the State of New York
Jan 25, 2018
2018 N.Y. Slip Op. 506 (N.Y. App. Div. 2018)
Case details for

Kennedy v. Annucci

Case Details

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

Court:Appellate Division of the Supreme Court of the State of New York

Date published: Jan 25, 2018

Citations

2018 N.Y. Slip Op. 506 (N.Y. App. Div. 2018)