MatterofBarrientosvAnnucci

State of New York Supreme Court, Appellate Division Third Judicial Department Decided and Entered: October 30, 2014 518869 ________________________________

In the Matter of RENE BARRIENTOS, Petitioner, v MEMORANDUM AND JUDGMENT

ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent. ________________________________

Calendar Date: September 16, 2014 Before: Peters, P.J., Lahtinen, Rose, Lynch and Devine, JJ.

__________

Rene Barrientos, Elmira, petitioner pro se.

Eric T. Schneiderman, Attorney General, Albany (Kathleen M. Arnold of counsel), for respondent.

__________

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

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 as moot (see Matter of Scott v Fischer, 119 AD3d 1307, 1307 [2014]).

-2- 518869

Peters, P.J., Lahtinen, Rose, Lynch and Devine, JJ., concur.

ADJUDGED that the petition is dismissed, as moot, without costs.

ENTER:

Robert D. Mayberger Clerk of the Court