Opinion
526025
07-26-2018
In the Matter of Stacy LIGGAN, Appellant, v. A. RODRIGUEZ, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.
Stacy Liggan, Dannemora, appellant pro se. Barbara D. Underwood, Attorney General, Albany (Marcus J. Mastracco, Albany, of counsel), for respondent.
Stacy Liggan, Dannemora, appellant pro se.
Barbara D. Underwood, Attorney General, Albany (Marcus J. Mastracco, Albany, of counsel), for respondent.
Before: Garry, P.J., Lynch, Devine, Mulvey and Aarons, JJ.
MEMORANDUM AND ORDER
Appeal from a judgment of the Supreme Court (Koweek, J.), entered October 2, 2017 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of the Commissioner of Corrections and Community Supervision finding petitioner guilty of violating certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding to challenge a tier III disciplinary determination. Supreme Court dismissed the petition and 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. In view of the foregoing, petitioner has been granted all the relief to which he is entitled and the appeal must be dismissed as moot (see Matter of Terry v. Annucci, 153 A.D.3d 1019, 1020, 56 N.Y.S.3d 895 [2017] ; Matter of Colon v. Venettozzi, 150 A.D.3d 1498, 1498, 54 N.Y.S.3d 751 [2017] ).
ORDERED that the appeal is dismissed, as moot, without costs.
Garry, P.J., Lynch, Devine, Mulvey and Aarons, JJ., concur.