Ford v. Annucci

172 A.D.3d 1815

98 N.Y.S.3d 924 (Mem)

In the Matter of Corey FORD, Petitioner,

v.Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.

528117

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

Calendar Date: April 19, 2019

Decided and Entered: May 23, 2019

Corey Ford, Auburn, petitioner pro se.

Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.

Before: Garry, P.J., Lynch, Clark, Devine and Rumsey, JJ.

MEMORANDUM AND JUDGMENT

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 finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding challenging a determination rendered after a tier III disciplinary hearing. The Attorney General has advised this Court that the determination has since been administratively reversed, all references to such determination have been expunged from petitioner's institutional record and the mandatory $ 5 surcharge has been refunded to petitioner's inmate account. In view of this, and given that petitioner has received all of the relief to which he is entitled, the petition is dismissed as moot (see Matter of Ack v. Venettozzi , 169 A.D.3d 1138, 1139, 91 N.Y.S.3d 905 [2019] ; Matter of Cunningham v. Annucci , 168 A.D.3d 1340, 1340, 90 N.Y.S.3d 915 [2019] ). As the record reflects that petitioner has paid the reduced filing fee of $ 15 for which he seeks reimbursement, we grant petitioner's request (see Matter of Williams v. Keyser , 167 A.D.3d 1202, 1202, 87 N.Y.S.3d 909 [2018] ).

Garry, P.J., Lynch, Clark, Devine and Rumsey, JJ.,...