State of New York
Supreme Court, Appellate Division
Third Judicial Department
Decided and Entered: April 21, 2016 521892
________________________________
In the Matter of STEVEN MAKAS,
Petitioner,
v
DONALD VENETTOZZI, as Acting MEMORANDUM AND JUDGMENT
Director of Special Housing
and Inmate Disciplinary
Programs,
Respondent.
________________________________
Calendar Date: February 23, 2016
Before: Lahtinen, J.P., McCarthy, Egan Jr. and Lynch, JJ.
__________
Steven Makas, Napanoch, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Marcus J.
Mastracco 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 the Commissioner of Corrections and
Community Supervision finding petitioner guilty of violating a
prison disciplinary rule.
Petitioner commenced this CPLR article 78 proceeding
challenging a determination finding him guilty of violating a
prison disciplinary rule. 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 will be
refunded to his inmate account. As the record does not reflect
that any loss of good time was imposed, petitioner has received
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all the relief to which he is entitled and the petition must be
dismissed as moot (see Matter of Kagan v Lewin, 134 AD3d 1386,
1386 [2015]).
Lahtinen, J.P., McCarthy, Egan Jr. and Lynch, JJ., concur.
ADJUDGED that the petition is dismissed, as moot, without
costs, but with disbursements in the amount of $15.
ENTER:
Robert D. Mayberger
Clerk of the Court