IN RE: Mamadou BARRY (2026)

Supreme Court, Appellate Division, Fourth Department, New York.

IN RE: Mamadou BARRY, Petitioner, v. Daniel F. MARTUSCELLO, III, Acting Commissioner, New York State Department of Corrections and Community Supervision, Respondent.

99 Decided: February 11, 2026

PRESENT: BANNISTER, J.P., MONTOUR, SMITH, NOWAK, AND DELCONTE, JJ.

WYOMING COUNTY-ATTICA LEGAL AID BUREAU, WARSAW (LEAH R. NOWOTARSKI OF COUNSEL), FOR PETITIONER. LETITIA JAMES, ATTORNEY GENERAL, ALBANY (TAYLOR A. SUTTON OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that said proceeding is unanimously dismissed without costs.

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination, following a tier II disciplinary hearing, that he violated certain incarcerated individual rules. After Supreme Court transferred this proceeding to this Court pursuant to CPLR 7804 (g), the Attorney General advised this Court that respondent has issued an administrative order reversing the determination and that all references to the disciplinary proceeding have been expunged from petitioner's record. Because petitioner has obtained the relief that he could be granted in this proceeding, the proceeding is dismissed as moot (see Matter of Smith v. Annucci, 173 A.D.3d 1685, 1685, 99 N.Y.S.3d 919 [4th Dept. 2019]; Matter of Free v. Coombe, 234 A.D.2d 996, 996, 652 N.Y.S.2d 190 [4th Dept. 1996]).

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