Matter of Robinson v. Annucci

State of New York Supreme Court, Appellate Division Third Judicial Department Decided and Entered: April 21, 2016 521706 ________________________________ In the Matter of ALBERT ROBINSON, Petitioner, v MEMORANDUM AND JUDGMENT ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent. ________________________________ Calendar Date: February 23, 2016 Before: Peters, P.J., Garry, Rose and Devine, JJ. __________ Albert Robinson, Alden, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Kathleen M. Arnold 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 finding petitioner guilty of violating certain prison disciplinary rules. Petitioner commenced this CPLR article 78 proceeding challenging a prison disciplinary determination. 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 $5 surcharge has been refunded to petitioner's inmate account. In view of this, petitioner has received all of the relief to which he is entitled and the petition must be dismissed as moot (see Matter of Kagan v Lewin, 134 AD3d 1386 [2015]; Matter of -2- 521706 Burgess v Prack, 134 AD3d 1339 [2015]). Peters, P.J., Garry, Rose and Devine, JJ., concur. ADJUDGED that the petition is dismissed, as moot, without costs. ENTER: Robert D. Mayberger Clerk of the Court