MATTER OF BARRIENTOS v. ANNUCCI

518869.

121 A.D.3d 1495 (2014)

994 N.Y.S.2d 316

2014 NY Slip Op 07418

In the Matter of RENE BARRIENTOS, Petitioner, v. ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided October 30, 2014.


Petitioner commenced this CPLR article 78 proceeding to challenge a determination finding him guilty of violating a prison disciplinary rule. The Attorney General has advised this Court that the determination at issue has been administratively reversed, all references thereto expunged from petitioner's institutional record and the mandatory surcharge refunded to his inmate account. Petitioner has thus received all the relief to which he is entitled, and the petition is dismissed...

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