State of New York
Supreme Court, Appellate Division
Third Judicial Department
Decided and Entered: December 17, 2015 520598
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In the Matter of LEONALDO
RIVERA,
Appellant,
v MEMORANDUM AND ORDER
ANTHONY J. ANNUCCI, as Acting
Commissioner of Corrections
and Community Supervision,
et al.,
Respondents.
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Calendar Date: October 27, 2015
Before: Peters, P.J., Garry, Egan Jr. and Clark, JJ.
__________
Leonaldo Rivera, Caguas, Puerto Rico, appellant pro se.
Eric T. Schneiderman, Attorney General, Albany (Robert M.
Goldfarb of counsel), for respondents.
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Appeal from a judgment of the Supreme Court (Melkonian,
J.), entered February 3, 2015 in Albany County, which dismissed
petitioner's application, in a proceeding pursuant to CPLR
article 78, to review a determination of respondent Commissioner
of Corrections and Community Supervision withholding good time
credit.
Petitioner commenced this CPLR article 78 proceeding
challenging a determination of the Time Allowance Committee that
withheld good time allowance based upon his failure to complete
certain treatment programs. Supreme Court dismissed the petition
and this appeal ensued. The Attorney General has advised the
Court that petitioner reached the maximum expiration date of his
-2- 520598
sentence and has been released from prison. Accordingly, this
appeal must be dismissed as moot (see Matter of Levola v Fischer,
87 AD3d 1191, 1191 [2011]; Matter of Johnson v New York State
Dept. of Correctional Servs., 70 AD3d 1081, 1081 [2010]).
Peters, P.J., Garry, Egan Jr. and Clark, JJ., concur.
ORDERED that the appeal is dismissed, as moot, without
costs.
ENTER:
Robert D. Mayberger
Clerk of the Court