MATTER OF MELLERSON v. ANNUCCI

526936.

170 A.D.3d 1410 (2019)

94 N.Y.S.3d 893

2019 NY Slip Op 02192

In the Matter of Dwayne Mellerson, Appellant, 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 March 21, 2019.


Petitioner commenced this CPLR article 78 proceeding to challenge respondent's determination withholding one year of petitioner's good time allowance. Petitioner thereafter advised this Court that he was scheduled to be conditionally released to parole supervision in December 2018, and a review of the records of the Department of Corrections and Community Supervision confirms that petitioner was so released on December 6, 2018. Accordingly, given his conditional release during...

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