Matter of Flood v. Prack

Appellate Division of the Supreme Court of New York

Matter of Flood v. Prack

141 A.D.3d 1070, 35 N.Y.S.3d 671

Appellate Division of the Supreme Court of the State of New York·Decided July 28, 2016·No. 522310·Published·Cited by 3 cases

Opinion

— Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Washington County) to review a determination of the Commissioner of Corrections and Community Supervision finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding challenging a tier III prison disciplinary determination. The Attorney General has advised this Court that the determination has been administratively reversed, all references thereto have been expunged from petitioner’s institutional record and the mandatory $5 surcharge has been refunded to his inmate account. As petitioner has received all the relief to which he is *1071 entitled, the petition must be dismissed as moot (see Matter of Robinson v Prack, 137 AD3d 1452, 1452 [2016]).

McCarthy, J.P., Garry, Lynch, Devine and Aarons, JJ., concur.

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

Free access — add to your briefcase to read the full text and ask questions with AI

— Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Washington County) to review a determination of the Commissioner of Corrections and Community Supervision finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding challenging a tier III prison disciplinary determination. The Attorney General has advised this Court that the determination has been administratively reversed, all references thereto have been expunged from petitioner’s institutional record and the mandatory $5 surcharge has been refunded to his inmate account. As petitioner has received all the relief to which he is *1071 entitled, the petition must be dismissed as moot (see Matter of Robinson v Prack, 137 AD3d 1452, 1452 [2016]).

McCarthy, J.P., Garry, Lynch, Devine and Aarons, JJ., concur.

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

Matter of Flood v. Prack, 141 A.D.3d 1070, 35 N.Y.S.3d 671 (N.Y. Ct. App. 2016).

Pincite

141 A.D.3d 1070 (Matter of Flood v. Prack) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related