Opinion
12-23-2015
In the Matter of Robert CARDEW, Petitioner–Appellant, v. Anthony ANNUCCI, Commissioner, New York State Department of Corrections and Community Supervision, Respondent–Respondent.
Robert Cardew, Petitioner–Appellant Pro Se. Eric T. Schneiderman, Attorney General, Albany (Martin A. Hotvet of Counsel), for Respondent–Respondent.
Robert Cardew, Petitioner–Appellant Pro Se.
Eric T. Schneiderman, Attorney General, Albany (Martin A. Hotvet of Counsel), for Respondent–Respondent.
MEMORANDUM:Petitioner, a prison inmate, appeals from a judgment denying his petition seeking to annul the determination denying various grievances filed by him. We note at the outset that the Attorney General has advised this Court that, after petitioner commenced this proceeding, he was given a new work assignment. Thus, petitioner's appeal is moot with respect to the grievances concerning his placement as a housing porter, "[i]nasmuch as petitioner is no longer aggrieved by the administrative action that was the subject of his grievance[s]" (Matter of Patel v. New York State Dept. of Corr. Servs., 84 A.D.3d 1668, 1669, 923 N.Y.S.2d 373 ; see Matter of Campbell v. Fischer, 105 A.D.3d 1222, 1222, 963 N.Y.S.2d 459, lv. denied 22 N.Y.3d 853, 2013 WL 5658061 ; Matter of Parrilla v. Donelli, 25 A.D.3d 1046, 1047, 807 N.Y.S.2d 488 ;
Matter of McKenna v. Goord, 245 A.D.2d 1074, 1075, 666 N.Y.S.2d 80, lv. denied 91 N.Y.2d 812, 672 N.Y.S.2d 848, 695 N.E.2d 717 ). Upon our review of the record, we conclude that petitioner failed to demonstrate that the denials of his remaining grievances were affected by an error of law or were arbitrary and capricious (see generally Matter of Kalwasinski v. Fischer, 68 A.D.3d 1722, 1723, 891 N.Y.S.2d 834 ).
It is hereby ORDERED that said appeal insofar as it concerns petitioner's work assignment is unanimously dismissed and the judgment is otherwise affirmed without costs.
SCUDDER, P.J., SMITH, VALENTINO, WHALEN, and DeJOSEPH, JJ., concur.