Opinion
530773
09-24-2020
In the Matter of Shawn GREEN, Appellant, v. Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.
Shawn Green, Peekskill, appellant pro se. Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Shawn Green, Peekskill, appellant pro se.
Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Before: Garry, P.J., Clark, Mulvey, Aarons and Pritzker, JJ.
MEMORANDUM AND ORDER
Appeal from a judgment of the Supreme Court (Collins, J.), entered December 3, 2019 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent withholding a portion of petitioner's good time allowance.
Petitioner commenced this CPLR article 78 proceeding challenging a determination that withheld a portion of his good time allowance and seeking his immediate release from prison. Following service of respondent's answer, Supreme Court dismissed the proceeding. Petitioner appeals.
The Attorney General has advised this Court that, while the appeal was pending, petitioner was conditionally released from the custody of the Department of Corrections and Community Supervision. In view of this, respondent maintains, and we agree, the appeal must be dismissed as moot (see Matter of Mellerson v. Annucci, 170 A.D.3d 1410, 1410, 94 N.Y.S.3d 893 [2019] ; Matter of Demarta v. Prack, 85 A.D.3d 1475, 1476, 926 N.Y.S.2d 211 [2011] ).
Garry, P.J., Clark, Mulvey, Aarons and Pritzker, JJ., concur.
ORDERED that the appeal is dismissed, as moot, without costs.