Matter of Vilella v. Annucci

2020 NY Slip Op 4352, 126 N.Y.S.3d 433, 185 A.D.3d 1362

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: July 30, 2020
• Docket: 529314
• Status: Published

Opinion

Matter of Vilella v Annucci (2020 NY Slip Op 04352)

Matter of Vilella v Annucci

2020 NY Slip Op 04352

Decided on July 30, 2020

Appellate Division, Third Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided and Entered: July 30, 2020

529314

[*1]In the Matter of Brandon Vilella, Petitioner,

v

Anthony J. Annucci, as Acting Commissioner of Corrections and Community Supervision, Respondent.

Calendar Date: June 26, 2020
Before: Egan Jr., J.P., Lynch, Clark, Mulvey and Pritzker, JJ.

Brandon Vilella, Attica, petitioner pro se.

Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.

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 respondent finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination finding him guilty of violating certain prison disciplinary rules. 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 refunded to petitioner's inmate account. As such, petitioner has received all the relief to which he is entitled and the petition must be dismissed as moot (see Matter of Brown v Annucci, 181 AD3d 1087, 1088 [2020]; Matter of Telesford v Annucci, 175 AD3d 1717, 1717 [2019]).

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

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