Matter of Bryant v Venettozzi

Matter of Bryant v Venettozzi 2013 NY Slip Op 01586 Decided on March 14, 2013 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: March 14, 2013
514508

[*1]In the Matter of LAMONT E. BRYANT, Petitioner,

v

D. VENETTOZZI, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.

Calendar Date: January 24, 2013
Before: Mercure, J.P., Spain, Garry and Egan Jr., JJ.


Lamont E. Bryant, Ossining, 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 Commissioner of Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, an inmate, was found guilty of interference with an employee and harassment after a tier III disciplinary hearing. The Attorney General has advised this Court that the determination has been administratively reversed, all references thereto expunged from petitioner's institutional record and the mandatory surcharge refunded to petitioner's inmate account. Accordingly, petitioner has received all the relief to which he is entitled and the petition must be dismissed as moot (see Matter of Murray v Fischer, 96 AD3d 1320, 1321 [2012]; Matter of Kalwasinski v Fischer, 85 AD3d 1471, 1472 [2011]).

Mercure, J.P., Spain, Garry and Egan Jr., JJ., concur. [*2]

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