Opinion
523999
03-15-2018
In the Matter of Sean NELSON, Petitioner, v. Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.
Richman Hill & Associates, New York City (Paul Hershan of counsel), for petitioner. Eric T. Schneiderman, Attorney General, Albany (Patrick A. Woods of counsel), for respondent.
Richman Hill & Associates, New York City (Paul Hershan of counsel), for petitioner.
Eric T. Schneiderman, Attorney General, Albany (Patrick A. Woods of counsel), for respondent.
Before: Garry, P.J., Egan Jr., Clark, Mulvey and Rumsey, JJ.
MEMORANDUM AND JUDGMENTProceeding 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 a prison disciplinary rule.
Petitioner commenced this CPLR article 78 proceeding seeking to challenge a tier III disciplinary 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 was not charged to petitioner's institutional account. Accordingly, petitioner has received all of the relief to which he is entitled and the petition must be dismissed as moot (see Matter ofStays v. Annucci, 141 A.D.3d 1070, 1070, 35 N.Y.S.3d 671 [2016] ; Matter ofMathie v. Yelich, 62 A.D.3d 1064, 1064, 877 N.Y.S.2d 708 [2009] ).
ADJUDGED that the petition is dismissed, as moot, without costs.
Garry, P.J., Egan Jr., Clark, Mulvey and Rumsey, JJ., concur.