Matter of DeBerry v Venettozzi

Matter of DeBerry v Venettozzi 2017 NY Slip Op 00704 Decided on February 2, 2017 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: February 2, 2017
523094

[*1]In the Matter of ERIC DeBERRY, Petitioner,

v

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

Calendar Date: November 29, 2016
Before: McCarthy, J.P., Garry, Egan Jr., Devine and Aarons, JJ.

Eric DeBerry, Napanoch, petitioner pro se.

Eric T. Schneiderman, Attorney General, Albany (Owen Demuth 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 Ulster County) to review a determination of the Commissioner of Corrections and Community Supervision finding 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 has been administratively reversed, all references thereto have been expunged from petitioner's institutional record and the $5 mandatory surcharge has been refunded to petitioner's inmate account. In light of this, and given that petitioner has received all of the relief to which he

is entitled, the petition is dismissed as moot (see Matter of Ballard v Racette, 140 AD3d 1428 [2016]).

McCarthy, J.P., Garry, Egan Jr., Devine and Aarons, JJ., concur.

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