State of New York
Supreme Court, Appellate Division
Third Judicial Department
Decided and Entered: February 2, 2017 523094
________________________________
In the Matter of ERIC DeBERRY,
Petitioner,
v
MEMORANDUM AND JUDGMENT
DONALD VENETTOZZI, as Acting
Director of Special Housing
and Inmate Disciplinary
Programs,
Respondent.
________________________________
Calendar Date: November 29, 2016
Before: McCarthy, J.P., Garry, Egan Jr., Devine and Aarons, JJ.
__________
Eric DeBerry, Napanoch, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Owen Demuth
of counsel), for respondent.
__________
Proceeding pursuant to CPLR article 78 (transferred to this
Court by order of the Supreme Court, entered in Ulster 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 to
challenge 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 $5 mandatory surcharge has been
refunded to petitioner's inmate account. In light of this, and
given that petitioner has received all of the relief to which he
-2- 523094
is entitled, the petition is dismissed as moot (see Matter of
Ballard v Racette, 140 AD3d 1428 [2016]).
McCarthy, J.P., Garry, Egan Jr., Devine and Aarons, JJ.,
concur.
ADJUDGED that the petition is dismissed, as moot, without
costs.
ENTER:
Robert D. Mayberger
Clerk of the Court