State of New York
Supreme Court, Appellate Division
Third Judicial Department
Decided and Entered: September 15, 2016 522144
________________________________
In the Matter of ANDRE BOYD,
Petitioner,
v
MEMORANDUM AND JUDGMENT
ANTHONY J. ANNUCCI, as Acting
Commissioner of Corrections
and Community Supervision,
Respondent.
________________________________
Calendar Date: August 8, 2016
Before: McCarthy, J.P., Garry, Rose, Devine and Mulvey, JJ.
__________
Andre Boyd, Woodbourne, 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 Sullivan County)
to review a determination of respondent finding petitioner guilty
of violating a prison disciplinary rule.
Petitioner commenced this CPLR article 78 proceeding to
challenge a tier III determination finding him guilty of
violating a prison disciplinary rule. The Attorney General has
advised this Court that the determination has since 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.
Given that petitioner has received all of the relief to which he
is entitled, the petition must be dismissed as moot (see Matter
of James v Prack, 137 AD3d 1390, 1391 [2016]; Matter of Roye v
-2- 522144
Annucci, 137 AD3d 1392, 1393 [2016]).
McCarthy, J.P., Garry, Rose, Devine and Mulvey, JJ.,
concur.
ADJUDGED that the petition is dismissed, as moot, without
costs.
ENTER:
Robert D. Mayberger
Clerk of the Court