Matter of Concepcion v Annucci, 2024 NY Slip Op 05381 [231 AD3d 1455]

October 31, 2024

Appellate Division, Third Department

[*1]

In the Matter of Johnny Concepcion, Petitioner,

v

Anthony J. Annucci, as Acting Commissioner of Corrections and Community Supervision, Respondent.

Johnny Concepcion, Ossining, petitioner pro se.

Letitia James, Attorney General, Albany (Kate H. Nepveu 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 Superintendent of Sing Sing Correctional Facility finding petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding to challenge a tier II 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 was never collected from petitioner’s inmate account. In view of this, and given that petitioner has been granted all the relief to which he is entitled, the petition must be dismissed as moot ( see Matter of Ballard v Racette , 140 AD3d 1428 , 1428 [2016]).

Egan Jr., J.P., Lynch, Ceresia, McShan and Mackey, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs..