| Matter of Smith v Annucci |
| 2015 NY Slip Op 03423 [127 AD3d 1476] |
| April 23, 2015 |
| Appellate Division, Third Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Lemuel Smith, Petitioner, v Anthony J. Annucci, as Acting Commissioner of Corrections and Community Supervision, Respondent. |
Karen L. Murtagh, Prisoners' Legal Services of New York, Albany (Rosa Cohen-Cruz of counsel), for petitioner.
Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.
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 challenging a determination finding him guilty of violating three prison disciplinary rules. The Attorney General has advised this Court that the determination at issue has now 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 view of this, and given that petitioner has received all of the relief to which he is entitled, the matter must be dismissed as moot (see Matter of Ramos v Department of Corr. & Community Supervision, 123 AD3d 1215, 1216 [2014]).
McCarthy, J.P., Garry, Egan Jr. and Clark, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.