Matter of DeBerry v. Venettozzi

147 A.D.3d 1136, 45 N.Y.S.3d 821

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 2, 2017
• Docket: 523094
• Status: Published

Opinion

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Ulster 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 to challenge a 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 has been refunded to petitioner’s inmate account. In light of this, and given that petitioner has received all of the relief to which he is entitled, the petition is dismissed as moot (see Matter of Ballard v Racette, 140 AD3d 1428 [2016]).

McCarthy, J.P., Garry, Egan Jr., Devine and Aarons, JJ., concur.

Adjudged that the petition is dismissed, as moot, without costs.