IN RE: DOMINGO ESPIRITU (2023)

MEMORANDUM AND JUDGMENT

ANTHONY J. ANNUCCI, as Acting

Commissioner of Corrections

Calendar Date:  November 9, 2023

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 Acting Commissioner of Corrections and Community Supervision finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination finding him guilty of violating certain prison disciplinary rules.  The Attorney General has advised this Court that the subject disciplinary determination has been administratively reversed, all references thereto have been expunged from petitioner's institutional record and the $5 mandatory surcharge has been refunded to petitioner's incarcerated individual account.  Given that petitioner has received all of the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Perkins v. Annucci, 216 AD3d 1388, 1388 [3d Dept 2023];  Matter of Iverson v. Annucci, 215 AD3d 1145, 1146 [3d Dept 2023] ).

Clark, J.P., Pritzker, Ceresia, McShan and Powers, JJ., concur.

ADJUDGED that the petition is dismissed, as moot, without costs.