Matter of Davis v Annucci, 2024 NY Slip Op 02856 [227 AD3d 1313]
May 23, 2024
Appellate Division, Third Department
[*1]
In the Matter of Anthony Davis, Appellant,
v
Anthony J. Annucci, as Acting Commissioner of Corrections and Community Supervision, Respondent.
Anthony Davis, Malone, appellant pro se.
Letitia James, Attorney General, Albany (Kate H. Nepveu of counsel), for respondent.
Appeal from a judgment of the Supreme Court (E. Danielle Jose-Decker, J.), entered June 22, 2023, in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding raising procedural challenges to a tier III disciplinary determination finding him guilty of violating certain prison disciplinary rules. Following joinder of issue, Supreme Court rejected petitioner’s procedural challenges to the disciplinary determination and denied the petition. This appeal ensued. 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. Given that petitioner has received all of the relief to which he is entitled, the appeal must be dismissed as moot ( see Matter of Baxter v Annucci , 204 AD3d 1203 , 1203 [3d Dept 2022]; Matter of Brown v Venettozzi , 164 AD3d 1582 , 1582 [3d Dept 2018]).
Garry, P.J., Clark, Pritzker, Fisher and Powers, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs..