Nova v. Venettozzi

2017 NY Slip Op 8560, 156 A.D.3d 971, 64 N.Y.S.3d 618, 2017 WL 6043619

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: December 7, 2017
• Docket: 523318
• 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 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 tier III disciplinary 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 his inmate account. Petitioner has received all of the relief to which he is entitled, and therefore we dismiss the petition as moot (see Matter of Arriaga v Capra, 153 AD3d 1542, 1542 [2017]; Matter of Robinson v Prack, 137 AD3d 1452, 1452 [2016]).

McCarthy, J.P., Rose, Clark, Aarons and Pritzker, JJ., concur.

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