Opinion
526392
11-08-2018
In the Matter of Joeme MADURA, Petitioner, v. Donald VENETTOZZI, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.
Joeme Madura, Malone, petitioner pro se. Barbara D. Underwood, Attorney General, Albany (Marcus J. Mastracco of counsel, Albany), for respondent.
Joeme Madura, Malone, petitioner pro se.
Barbara D. Underwood, Attorney General, Albany (Marcus J. Mastracco of counsel, Albany), 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 the Commissioner of Corrections and Community Supervision finding petitioner guilty of violating a prison disciplinary rule.
Petitioner commenced this CPLR article 78 proceeding challenging a tier III determination finding him guilty of violating a prison disciplinary rule. The Attorney General has advised this Court that the determination at issue 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 received 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] ).
ADJUDGED that the petition is dismissed, as moot, without costs.
Garry, P.J., McCarthy, Lynch, Devine and Pritzker, JJ., concur.