Opinion
No. CV-23-1258
03-14-2024
In the Matter of Alonzo Ross, Petitioner, v. Anthony Rodriguez, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.
Alonzo Ross, Stormville, petitioner pro se. Letitia James, Attorney General, Albany (Kate H. Nepveu of counsel), for respondent.
Calendar Date: February 9, 2024
Alonzo Ross, Stormville, petitioner pro se.
Letitia James, Attorney General, Albany (Kate H. Nepveu of counsel), for respondent.
Before: Garry, P.J., Aarons, Reynolds Fitzgerald, McShan and Powers, JJ.
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 Acting Commissioner of Corrections and Community Supervision finding petitioner guilty of violating certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding seeking to challenge a tier III determination finding him guilty of violating various prison disciplinary rules. The Attorney General has advised this Court that the underlying 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 account. Given that petitioner has received all of the relief to which he is entitled, this proceeding is dismissed as moot (see Matter of Perkins v Annucci, 216 A.D.3d 1388, 1388 [3d Dept 2023]; Matter of Harrell v Annucci, 208 A.D.3d 1533, 1533 [3d Dept 2022]).
Garry, P.J., Aarons, Reynolds Fitzgerald, McShan and Powers, JJ., concur.
ADJUDGED that the petition is dismissed, as moot, without costs.