Ellison v. Annucci

Appellate Division of the Supreme Court of New York

Ellison v. Annucci

149 A.D.3d 1361, 50 N.Y.S.3d 311

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

DecidedApril 20, 2017

StatusPublished

Cited by1 cases

This text of 149 A.D.3d 1361 (Ellison v. Annucci) 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

Ellison v. Annucci, 149 A.D.3d 1361, 50 N.Y.S.3d 311 (N.Y. Ct. App. 2017).

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Opinion

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 finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding challenging a tier III determination finding him guilty of violating certain prison disciplinary rules. The Attorney General has advised this Court that the determination has since 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. Given that petitioner has received all of the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Arriaga v Capra, 144 AD3d 1303, 1303 [2016]; Matter of Garnes v Annucci, 144 AD3d 1277, 1277 [2016]). The record discloses that petitioner was assessed a $15 reduced filing fee and, as such, he is entitled to a refund of that amount (see Matter of Cendales v Sheahan, 146 AD3d 1260, 1261 [2017]).

McCarthy, J.P., Egan Jr., Rose, Clark and Aarons, JJ., concur.

Adjudged that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $15.

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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 finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding challenging a tier III determination finding him guilty of violating certain prison disciplinary rules. The Attorney General has advised this Court that the determination has since 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. Given that petitioner has received all of the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Arriaga v Capra, 144 AD3d 1303, 1303 [2016]; Matter of Garnes v Annucci, 144 AD3d 1277, 1277 [2016]). The record discloses that petitioner was assessed a $15 reduced filing fee and, as such, he is entitled to a refund of that amount (see Matter of Cendales v Sheahan, 146 AD3d 1260, 1261 [2017]).

McCarthy, J.P., Egan Jr., Rose, Clark and Aarons, JJ., concur.

Adjudged that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $15.

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Bluebook (online)

149 A.D.3d 1361, 50 N.Y.S.3d 311, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ellison-v-annucci-nyappdiv-2017.

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