IN RE: Alonzo ROSS (2024)

MEMORANDUM AND JUDGMENT

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

Petitioner commenced this CPLR article 78 proceeding seeking to challenge a tier III determination finding him guilty of violating various prison disciplinary rules.  The Attorney General has advised this Court that the underlying 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 account.  Given that petitioner has received all of the relief to which he is entitled, this proceeding is dismissed as moot (see Matter of Perkins v. Annucci, 216 A.D.3d 1388, 1388, 188 N.Y.S.3d 284 [3d Dept. 2023];  Matter of Harrell v. Annucci, 208 A.D.3d 1533, 1533, 174 N.Y.S.3d 291 [3d Dept. 2022]).

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

Garry, P.J., Aarons, Reynolds Fitzgerald, McShan and Powers, JJ., concur.