Matter of Colon v Annucci |
2018 NY Slip Op 01697 [159 AD3d 1216] |
March 15, 2018 |
Appellate Division, Third Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
In the Matter of Armando Colon, Petitioner, v Anthony J. Annucci, as Acting Commissioner of Corrections and Community Supervision, Respondent. |
Armando Colon, Fallsburg, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Martin A. Hotvet 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 directing that petitioner be placed in administrative segregation.
Petitioner commenced this CPLR article 78 proceeding challenging a determination placing him in administrative segregation following a hearing. The Attorney General has advised this Court that the determination has been administratively reversed and that all references thereto have been expunged from petitioner's institutional record. Inasmuch as petitioner has received all of the relief to which he is entitled and is no longer aggrieved, the petition must be dismissed as moot (see Matter of Russ v Annucci, 134 AD3d 1368, 1368 [2015]; Matter of Pante v Goord, 32 AD3d 1084, 1084 [2006]).
McCarthy, J.P., Devine, Clark, Mulvey and Pritzker, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.