DeFilippo v. Connell

Appellate Division of the Supreme Court of New York

DeFilippo v. Connell

89 A.D.3d 1337, 932 N.Y.2d 922

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 23, 2011

StatusPublished

This text of 89 A.D.3d 1337 (DeFilippo v. Connell) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

DeFilippo v. Connell, 89 A.D.3d 1337, 932 N.Y.2d 922 (N.Y. Ct. App. 2011).

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Opinion

Petitioner brought 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 have been expunged from petitioner’s institutional record and the mandatory $5 surcharge has been refunded to petitioner’s inmate account. In view of this, and given that petitioner has received all the relief to which he is entitled, the matter is dismissed as moot (see Matter of Tuitt v LaValley, 84 AD3d 1658 [2011]; Matter of Charles v Bezio, 80 AD3d 975 [2011]).

Peters, J.E, Rose, Lahtinen, Kavanagh and Garry, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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Petitioner brought 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 have been expunged from petitioner’s institutional record and the mandatory $5 surcharge has been refunded to petitioner’s inmate account. In view of this, and given that petitioner has received all the relief to which he is entitled, the matter is dismissed as moot (see Matter of Tuitt v LaValley, 84 AD3d 1658 [2011]; Matter of Charles v Bezio, 80 AD3d 975 [2011]).

Peters, J.E, Rose, Lahtinen, Kavanagh and Garry, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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Bluebook (online)

89 A.D.3d 1337, 932 N.Y.2d 922, Counsel Stack Legal Research, https://law.counselstack.com/opinion/defilippo-v-connell-nyappdiv-2011.

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