Matter of Bain v Annucci

Matter of Bain v Annucci 2015 NY Slip Op 03596 Decided on April 30, 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: April 30, 2015
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[*1]In the Matter of EDWARD BAIN, Petitioner,

v

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

Calendar Date: February 24, 2015
Before: Lahtinen, J.P., McCarthy, Rose and Lynch, JJ.

Edward Bain, Gowanda, 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 respondent which found petitioner guilty of violating a prison disciplinary rule.

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding to challenge a tier III disciplinary determination that found him guilty of a phone program violation. The Attorney General has informed this Court that the determination has been administratively reversed, all references thereto have been expunged from petitioner's institutional record and the $5 mandatory surcharge has been refunded to him. In view of this, and given that petitioner has received all the relief to which he is entitled, the matter is dismissed as moot (see Matter of Rivas v New York State Dept. of Corr. & Community Supervision, 125 AD3d

1031, 1031 [2015]; Matter of Pasley v Annucci, 122 AD3d 1039, 1039 [2014]).

Lahtinen, J.P., McCarthy, Rose and Lynch, JJ., concur.

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