Matter of Ponder v Annucci

Matter of Ponder v Annucci 2015 NY Slip Op 04367 Decided on May 21, 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: May 21, 2015
519557

[*1]In the Matter of SERGIO PONDER, Petitioner,

v

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

Calendar Date: March 31, 2015
Before: Garry, J.P., Egan Jr., Devine and Clark, JJ.

Sergio Ponder, Albion, 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 certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding to challenge a determination finding him guilty of violating certain prison disciplinary rules. The Attorney General has advised this Court that the determination has since been administratively reversed, all references thereto have been expunged from petitioner's institutional record and the mandatory $5 surcharge has been refunded to petitioner's inmate account. In view of this, and given that petitioner has received all the relief to which he is entitled, the petition is dismissed as moot (see Matter of Ramos v Department of Corr. & Community Supervision,

123 AD3d 1215, 1216 [2014]. We note that petitioner is not entitled to be restored to his prior status (see Matter of Folk v Annucci, 122 AD3d 977, 978 [2014).

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

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