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Pasley v. Annucci

Supreme Court, Appellate Division, Third Department, New York.
Nov 13, 2014
122 A.D.3d 1039 (N.Y. App. Div. 2014)

Opinion

2014-11-13

In the Matter of Alexander PASLEY, Petitioner, v. Anthony ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.

Alexander Pasley, Wallkill, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.


Alexander Pasley, Wallkill, petitioner pro se. Eric T. Schneiderman, 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 which found petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding to challenge a determination finding him guilty of violating a prison disciplinary rule. The Attorney General has advised this Court that the determination at issue has been administratively reversed, all references thereto expunged from petitioner's institutional record and the mandatory $5 surcharge refunded to his inmate account. Petitioner has thus received all the relief to which he is entitled, and this proceeding is dismissed as moot ( see Matter of Scott v. Fischer, 119 A.D.3d 1307, 1307, 989 N.Y.S.2d 922 [2014] ).

ADJUDGED that the petition is dismissed, as moot, without costs. PETERS, P.J., McCARTHY, EGAN JR., DEVINE and CLARK, JJ., concur.


Summaries of

Pasley v. Annucci

Supreme Court, Appellate Division, Third Department, New York.
Nov 13, 2014
122 A.D.3d 1039 (N.Y. App. Div. 2014)
Case details for

Pasley v. Annucci

Case Details

Full title:In the Matter of Alexander PASLEY, Petitioner, v. Anthony ANNUCCI, as…

Court:Supreme Court, Appellate Division, Third Department, New York.

Date published: Nov 13, 2014

Citations

122 A.D.3d 1039 (N.Y. App. Div. 2014)
2014 N.Y. Slip Op. 7718
994 N.Y.S.2d 873

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