Matter of Gunn v Annucci

Matter of Gunn v Annucci 2015 NY Slip Op 08209 Decided on November 12, 2015 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided and Entered: November 12, 2015
519047

[*1]In the Matter of DARRELL GUNN, Petitioner,

v

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

Calendar Date: September 22, 2015
Before: Lahtinen, J.P., Egan Jr., Rose and Lynch, JJ.

Darrell Gunn, Stormville, petitioner pro se.

Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.

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 the Superintendent of Elmira Correctional Facility finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding challenging a tier II disciplinary determination finding him guilty of making threats and refusing a direct order. 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 ordered 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 matter is

dismissed as moot (see Matter of Williams v Annucci, 129 AD3d 1427, 1427 [2015]).

Lahtinen, J.P., Egan Jr., Rose and Lynch, JJ., concur.

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