State of New York
Supreme Court, Appellate Division
Third Judicial Department
Decided and Entered: December 17, 2015 520768
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In the Matter of JOSEPH DEXTER,
Petitioner,
v MEMORANDUM AND JUDGMENT
ANTHONY J. ANNUCCI, as Acting
Commissioner of Corrections
and Community Service,
Respondent.
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Calendar Date: October 27, 2015
Before: Garry, J.P., Egan Jr., Devine and Clark, JJ.
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Joseph Dexter, Auburn, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Marcus J.
Mastracco of counsel), for respondent.
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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 finding petitioner guilty of
violating certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding to
challenge a tier III disciplinary determination that found him
guilty, following a hearing, of possessing a weapon and
possessing contraband. 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 mandatory surcharge has been
refunded to petitioner's inmate account. Although not mentioned
in the Attorney General's letter, "any loss of good time incurred
by petitioner as a result of the determination should be
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restored" (Matter of Russo v Annucci, 128 AD3d 1257, 1257-1258
[2015] [internal quotation marks and citations omitted]). In
view of this, and given that petitioner has otherwise received
all of the relief to which he is entitled, the matter is
dismissed as moot (see Matter of Hayes v Annucci, 122 AD3d 992,
992 [2014]).
Garry, J.P., Egan Jr., Devine and Clark, JJ., concur.
ADJUDGED that the petition is dismissed, as moot, without
costs.
ENTER:
Robert D. Mayberger
Clerk of the Court