Case Information
*1 State of New York Supreme Court, Appellate Division Third Judicial Department Decided and Entered: January 26, 2017 522729 ________________________________
In the Matter of BYRON K.
BROWN,
Petitioner, v MEMORANDUM AND JUDGMENT ANTHONY J. ANNUCCI, as Acting
Commissioner of Corrections
and Community Supervision,
Respondent.
________________________________
Calendar Date: November 29, 2016
Before: Garry, J.P., Egan Jr., Devine, Clark and Mulvey, JJ.
__________ Byron K. Brown, Auburn, 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 finding petitioner guilty of violating a prison disciplinary rule.
Petitioner commenced this CPLR article 78 proceeding to challenge a tier III 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 mandatory $5 surcharge has been refunded to 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
-2- 522729 dismissed as moot (see Matter of Haigler v Chappius, 142 AD3d 1243, 1243 [2016]).
Garry, J.P., Egan Jr., Devine, Clark and Mulvey, JJ., concur.
ADJUDGED that the petition is dismissed, as moot, without costs.
ENTER: Robert D. Mayberger Clerk of the Court