Opinion
524881
12-14-2017
In the MATTER OF William BLAKE, Petitioner, v. Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.
Karen L. Murtagh, Prisoners' Legal Services of New York, Albany (Chrisiant Bracken of counsel), for petitioner. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Karen L. Murtagh, Prisoners' Legal Services of New York, Albany (Chrisiant Bracken of counsel), for petitioner.
Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Before: McCarthy, J.P., Egan Jr., Rose, Mulvey and Rumsey, 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 respondent finding petitioner guilty of violating certain prison disciplinary rules.Petitioner commenced this CPLR article 78 proceeding to challenge 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 $5 surcharge has been refunded to his inmate account. Given that petitioner has received all of the relief to which he is entitled, we dismiss the petition as moot (see Matter of Arriaga v. Capra, 153 A.D.3d 1542, 1542, 60 N.Y.S.3d 710 [2017] ; Matter of Tolliver v. Fischer, 140 A.D.3d 1507, 1508, 33 N.Y.S.3d 773 [2016] ).
ADJUDGED that the petition is dismissed, as moot, without costs.
McCarthy, J.P., Egan Jr., Rose, Mulvey and Rumsey, JJ., concur.