Shepherd v. Annucci
| Decision Date | 01 April 2021 |
| Docket Number | 530917 |
| Citation | 193 A.D.3d 1134,141 N.Y.S.3d 737 (Mem) |
| Parties | In the Matter of Eon SHEPHERD, Petitioner, v. Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent. |
| Court | New York Supreme Court — Appellate Division |
Eon Shepherd, Stormville, petitioner pro se.
Letitia James, Attorney General, Albany (Kate H. Nepveu of counsel), for respondent.
Before: Garry, P.J., Clark, Aarons, Reynolds Fitzgerald and Colangelo, JJ.
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 challenging a tier III disciplinary determination finding him guilty of violating certain prison disciplinary rules. 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. As such, petitioner has received all the relief to which he is entitled and the petition must be dismissed as moot (see Matter of Vilella v. Annucci, 185 A.D.3d 1362, 1362, 126 N.Y.S.3d 433 [2020] ; Matter of Brown v. Annucci, 181 A.D.3d 1087, 1088, 117 N.Y.S.3d 896 [2020] ).
ADJUDGED that the petition is dismissed, as moot, without costs.
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...be dismissed as moot (see Matter of Stubbs v. Venettozzi, 204 A.D.3d 1215, 1215, 164 N.Y.S.3d 536 [2022] ; Matter of Shepherd v. Annucci, 193 A.D.3d 1134, 1134, 141 N.Y.S.3d 737 [2021] ). As the record reflects that petitioner paid a reduced filing fee of $50, and he has requested reimburse......