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Worrell v. Venettozzi

Supreme Court, Appellate Division, Third Department, New York.
Apr 12, 2018
160 A.D.3d 1174 (N.Y. App. Div. 2018)

Opinion

525158

04-12-2018

In the Matter of Anderson WORRELL, Petitioner, v. Donald VENETTOZZI, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.

Anderson Worrell, Stormville, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.


Anderson Worrell, Stormville, petitioner pro se.

Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.

Before: McCarthy, J.P., Lynch, Clark, Aarons and Pritzker, JJ.

MEMORANDUM AND JUDGMENTProceeding 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 Commissioner of Corrections and Community Supervision 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 mandatory $5 surcharge has been refunded to petitioner's inmate account. Accordingly, inasmuch as petitioner has been granted all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Weston v. Annucci, 156 A.D.3d 1012, 1013, 64 N.Y.S.3d 610 [2017] ; Matter of Buggsward v. Rodriguez, 155 A.D.3d 1194, 1194–1195, 63 N.Y.S.3d 260 [2017] ).

ADJUDGED that the petition is dismissed, as moot, without costs.

McCarthy, J.P., Lynch, Clark, Aarons and Pritzker, JJ., concur.


Summaries of

Worrell v. Venettozzi

Supreme Court, Appellate Division, Third Department, New York.
Apr 12, 2018
160 A.D.3d 1174 (N.Y. App. Div. 2018)
Case details for

Worrell v. Venettozzi

Case Details

Full title:In the Matter of Anderson WORRELL, Petitioner, v. Donald VENETTOZZI, as…

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

Date published: Apr 12, 2018

Citations

160 A.D.3d 1174 (N.Y. App. Div. 2018)
2018 N.Y. Slip Op. 2523
71 N.Y.S.3d 390