Matter of Rivera v Annucci

Matter of Rivera v Annucci 2015 NY Slip Op 09334 Decided on December 17, 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: December 17, 2015
520598

[*1]In the Matter of LEONALDO RIVERA, Appellant,

v

ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, et al., Respondents.

Calendar Date: October 27, 2015
Before: Peters, P.J., Garry, Egan Jr. and Clark, JJ.

Leonaldo Rivera, Caguas, Puerto Rico, appellant pro se.

Eric T. Schneiderman, Attorney General, Albany (Robert M. Goldfarb of counsel), for respondents.

MEMORANDUM AND ORDER

Appeal from a judgment of the Supreme Court (Melkonian, J.), entered February 3, 2015 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Commissioner of Corrections and Community Supervision withholding good time credit.

Petitioner commenced this CPLR article 78 proceeding challenging a determination of the Time Allowance Committee that withheld good time allowance based upon his failure to complete certain treatment programs. Supreme Court dismissed the petition and this appeal ensued. The Attorney General has advised the Court that petitioner reached the maximum expiration date of his

sentence and has been released from prison. Accordingly, this appeal must be dismissed as moot (see Matter of Levola v Fischer, 87 AD3d 1191, 1191 [2011]; Matter of Johnson v New York State Dept. of Correctional Servs., 70 AD3d 1081, 1081 [2010]).

Peters, P.J., Garry, Egan Jr. and Clark, JJ., concur.

ORDERED that the appeal is dismissed, as moot, without costs.