Opinion
644 TP 19–00190
06-07-2019
In the Matter of Julio SMITH, Petitioner, v. Anthony ANNUCCI, Acting Commissioner, New York State Department of Corrections and Community Supervision, Respondent.
WYOMING COUNTY–ATTICA LEGAL AID BUREAU, WARSAW (LEAH R. NOWOTARSKI OF COUNSEL), FOR PETITIONER. LETITIA JAMES, ATTORNEY GENERAL, ALBANY (FRANK BRADY OF COUNSEL), FOR RESPONDENT.
WYOMING COUNTY–ATTICA LEGAL AID BUREAU, WARSAW (LEAH R. NOWOTARSKI OF COUNSEL), FOR PETITIONER.
LETITIA JAMES, ATTORNEY GENERAL, ALBANY (FRANK BRADY OF COUNSEL), FOR RESPONDENT.
PRESENT: SMITH, J.P., CARNI, DEJOSEPH, TROUTMAN, AND WINSLOW, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that said proceeding is unanimously dismissed without costs.
Memorandum: Petitioner commenced this proceeding seeking to annul a determination, following a tier III disciplinary hearing, that he violated a certain inmate rule. After Supreme Court transferred the proceeding to this Court pursuant to CPLR 7804(g), respondent issued an administrative order reversing the determination and directing that all references to the disciplinary proceeding be expunged from petitioner's record. Because petitioner has obtained the relief that he could be granted in this proceeding, the proceeding is dismissed as moot (see Matter of Davis v. Annucci , 169 A.D.3d 1352, 1352, 91 N.Y.S.3d 738 [4th Dept. 2019] ; Matter of Free v. Coombe , 234 A.D.2d 996, 996, 652 N.Y.S.2d 190 [4th Dept. 1996] ).