2015 NY Slip Op 08209
N.Y. App. Div. 3rd
2015

Matter of Gunn v Annucci

Appellate Division, Third Department

November 12, 2015

2015 NY Slip Op 08209 [133 AD3d 989]

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 30, 2015

In the Matter of Darrell Gunn, Petitioner, v Anthony J. Annucci, as Acting Commissioner of Corrections and Community Supervision, Respondent.

Darrell Gunn, Stormville, petitioner pro se.

Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff 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 Elmira Correctional Facility finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding challenging a tier II disciplinary determination finding him guilty of making threats and refusing a direct order. 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 ordered refunded to petitioner‘s inmate account. In view of this, and given that petitioner has received all of the relief to which he is entitled, the matter is dismissed as moot (see Matter of Williams v Annucci, 129 AD3d 1427, 1427 [2015]).

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