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Matter of Cody v. Annucci
144 A.D.3d 1301
| N.Y. App. Div. | 2016
|
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Case Information

*1 State of New York

Supreme Court, Appellate Division

Third Judicial Department Decided and Entered: November 10, 2016 522719 ________________________________

In the Matter of ROLAND CODY,

Petitioner,

v ANTHONY J. ANNUCCI, as Acting MEMORANDUM AND JUDGMENT

Commissioner of Corrections

and Community supervision,

Respondent.

________________________________

Calendar Date: September 20, 2016

Before: Lynch, J.P., Devine, Clark, Mulvey and Aarons, JJ.

__________

Roland Cody, Stormville, 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 Albany County) to review a determination of respondent placing petitioner in involuntary protective custody.

Petitioner commenced this CPLR article 78 proceeding challenging a determination placing him in involuntary protective custody. The Attorney General has advised this Court that the determination has been administratively reversed and all references thereto have been expunged from petitioner's institutional record. Given that petitioner has received all the relief to which he is entitled, the petition is dismissed as moot (see e.g. Matter of Chao v Hollingshead, 141 AD3d 1072, 1072 [2016]; Matter of Houston v Annucci, 141 AD3d 996, 996 [2016]).

-2- 522719 Lynch, J.P., Devine, Clark, Mulvey and Aarons, JJ., concur. ADJUDGED that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $50.

ENTER:

Robert D. Mayberger Clerk of the Court

Case Details

Case Name: Matter of Cody v. Annucci
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Nov 10, 2016
Citation: 144 A.D.3d 1301
Docket Number: 522719
Court Abbreviation: N.Y. App. Div.
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