Matter of Rivera v. Annucci

State of New York Supreme Court, Appellate Division Third Judicial Department Decided and Entered: December 17, 2015 520598 ________________________________ 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. ________________________________ 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. __________ 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