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Silva v. Venettozzi

Supreme Court, Appellate Division, Third Department, New York.
Jun 28, 2018
162 A.D.3d 1437 (N.Y. App. Div. 2018)

Opinion

525636

06-28-2018

In the Matter of Julian SILVA, Petitioner, v. Donald VENETTOZZI, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.

Julian Silva, Ossining, petitioner pro se. Barbara D. Underwood, Attorney General, Albany (Marcus J. Mastracco, Albany, of counsel), for respondent.


Julian Silva, Ossining, petitioner pro se.

Barbara D. Underwood, Attorney General, Albany (Marcus J. Mastracco, Albany, of counsel), for respondent.

Before: Garry, P.J., Egan Jr., Lynch, Mulvey and Pritzker, JJ.

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 certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding challenging a tier III determination finding him guilty of violating certain prison disciplinary rules. 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] ). As the record reflects that petitioner paid a reduced filing fee of $15 and he has requested reimbursement thereof, we grant petitioner's request for that amount.

ADJUDGED that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $15.

Garry, P.J., Egan Jr., Lynch, Mulvey and Pritzker, JJ., concur.


Summaries of

Silva v. Venettozzi

Supreme Court, Appellate Division, Third Department, New York.
Jun 28, 2018
162 A.D.3d 1437 (N.Y. App. Div. 2018)
Case details for

Silva v. Venettozzi

Case Details

Full title:In the Matter of Julian SILVA, Petitioner, v. Donald VENETTOZZI, as Acting…

Court:Supreme Court, Appellate Division, Third Department, New York.

Date published: Jun 28, 2018

Citations

162 A.D.3d 1437 (N.Y. App. Div. 2018)
162 A.D.3d 1437

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