Matter of Barrientos v Annucci

Matter of Barrientos v Annucci 2014 NY Slip Op 07418 Decided on October 30, 2014 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: October 30, 2014
518869

[*1]In the Matter of RENE BARRIENTOS, Petitioner,

v

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

Calendar Date: September 16, 2014
Before: Peters, P.J., Lahtinen, Rose, Lynch and Devine, JJ.

Rene Barrientos, Elmira, petitioner pro se.

Eric T. Schneiderman, Attorney General, Albany (Kathleen M. Arnold 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 commenced this CPLR article 78 proceeding to challenge a determination finding him guilty of violating a prison disciplinary rule. The Attorney General has advised this Court that the determination at issue has been administratively reversed, all references thereto expunged from petitioner's institutional record and the mandatory surcharge refunded to his inmate account. Petitioner has thus received all the relief to which he is entitled, and the petition is dismissed as moot (see Matter of Scott v Fischer, 119 AD3d 1307, 1307 [2014]).

Peters, P.J., Lahtinen, Rose, Lynch and Devine, JJ., concur.

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