Matter of Gunn v. Annucci

133 A.D.3d 989, 18 N.Y.S.3d 886

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: November 12, 2015
• Docket: 519047
• Status: Published

Opinion

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 Superintendent of Elmira Correctional Facility finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding challenging a tier II disciplinary determination finding him guilty of making threats and refusing a direct order. 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 mandatory $5 surcharge has been ordered refunded to petitioner’s inmate account. In view of this, and given that petitioner has received all of the relief to which he is entitled, the matter is dismissed as moot (see Matter of Williams v Annucci, 129 AD3d 1427, 1427 [2015]).

Lahtinen, J.P., Egan Jr., Rose and Lynch, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.