Baxter v. Annucci

2022 NY Slip Op 02471

In the Matter of Jason Baxter, Appellant, v. Anthony J. Annucci, as Acting Commissioner of Corrections and Community Supervision, Respondent.

No. 533410

Supreme Court of New York, Third Department

April 14, 2022

Calendar Date:March 18, 2022

Jason Baxter, Collins, appellant pro se.

Letitia James, Attorney General, Albany (Kate H. Nepveu of counsel), for respondent.

Before: Garry, P.J., Clark, Colangelo, Ceresia and Fisher JJ.

Appeal from a judgment of the Supreme Court (Ferreira, J.), entered June 1, 2021 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding raising various procedural challenges to a tier III disciplinary determination finding him guilty of violating certain prison disciplinary rules. Following joinder of issue, Supreme Court dismissed the petition, and this appeal ensued. 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 was not deducted from petitioner's institutional account. Given that petitioner has received all of the relief to which he is entitled, the appeal must be dismissed as moot (see Matter of Hogan v Annucci, 162 A.D.3d 1418, 1418 [2018], appeal dismissed 32 N.Y.3d 1001 [2018]; cf. Matter of Houston v Annucci, 200 A.D.3d 1387, 1387 [2021]; Matter of Fraser v Venettozzi, 197 A.D.3d 1475, 1476 [2021]). As the record reflects that petitioner paid a reduced filing fee of $15 and...