Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of refusing a direct order. The Attorney General has advised this Court that the determination has been administratively reversed, all references thereto expunged from petitioner's institutional record and the mandatory $5 surcharge refunded to petitioner's account. As petitioner has received all the relief to which he is entitled, the petition must be dismissed as moot (
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MATTER OF DELGADO v. ANNUCCI
532831.
197 A.D.3d 1483 (2021)
152 N.Y.S.3d 356
2021 NY Slip Op 05150
In the Matter of Michael Delgado, 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.https://leagle.com/images/logo.png
Decided September 30, 2021.
Decided September 30, 2021.
Attorney(s) appearing for the Case
Letitia James , Attorney General, Albany ( Kate H. Nepveu of counsel), for respondent.
Garry, P.J., Egan, Jr., Lynch, Pritzker and Reynolds Fitzgerald, JJ., concur.
Appellate Division of the Supreme Court of New York, Third Department.
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