IN RE: Anthony DAVIS (2024)

MEMORANDUM AND ORDER

Appeal from a judgment of the Supreme Court (E. Danielle Jose–Decker, J.), entered June 22, 2023 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding raising procedural challenges to a tier III disciplinary determination finding him guilty of violating certain prison disciplinary rules.  Following joinder of issue, Supreme Court rejected petitioner's procedural challenges to the disciplinary determination and denied the petition.  This appeal ensued.  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.  Given that petitioner has received all of the relief to which he is entitled, the appeal must be dismissed as moot (see Matter of Baxter v. Annucci, 204 A.D.3d 1203, 1203, 164 N.Y.S.3d 530 [3d Dept. 2022];  Matter of Brown v. Venettozzi, 164 A.D.3d 1582, 1582, 81 N.Y.S.3d 925 [3d Dept. 2018]).

ORDERED that the appeal is dismissed, as moot, without costs.

Garry, P.J., Clark, Pritzker, Fisher and Powers, JJ., concur.