Matter of Gonzalez v. Prack

Appellate Division of the Supreme Court of New York

Matter of Gonzalez v. Prack

140 A.D.3d 1500, 33 N.Y.S.3d 773

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

DecidedJune 23, 2016

Docket521796

StatusPublished

Cited by3 cases

This text of 140 A.D.3d 1500 (Matter of Gonzalez v. Prack) 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

Matter of Gonzalez v. Prack, 140 A.D.3d 1500, 33 N.Y.S.3d 773 (N.Y. Ct. App. 2016).

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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 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 prison disciplinary determination. The Attorney General has advised this Court that the determination has been administratively reversed, all references thereto have *1501 been expunged from petitioner’s institutional record and the mandatory $5 surcharge has been refunded to petitioner’s inmate account. In view of this, the petition must be dismissed as moot (see Matter of Vail v Bedard, 136 AD3d 1096 [2016]; Matter of Kagan v Lewin, 134 AD3d 1386 [2015]). Petitioner also requests that his $15 reduced filing fee be refunded and the record discloses that he paid this amount (see Matter of Clark v New York State Dept. of Corr. & Community Supervision, 138 AD3d 1331, 1332 [2016]; Matter of Warmus v Kaplan, 133 AD3d 1026, 1027 [2015]; Matter of McKethan v Prack, 111 AD3d 1046, 1046 [2013]).

McCarthy, J.P., Rose, Lynch, Mulvey 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 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 prison disciplinary determination. The Attorney General has advised this Court that the determination has been administratively reversed, all references thereto have *1501 been expunged from petitioner’s institutional record and the mandatory $5 surcharge has been refunded to petitioner’s inmate account. In view of this, the petition must be dismissed as moot (see Matter of Vail v Bedard, 136 AD3d 1096 [2016]; Matter of Kagan v Lewin, 134 AD3d 1386 [2015]). Petitioner also requests that his $15 reduced filing fee be refunded and the record discloses that he paid this amount (see Matter of Clark v New York State Dept. of Corr. & Community Supervision, 138 AD3d 1331, 1332 [2016]; Matter of Warmus v Kaplan, 133 AD3d 1026, 1027 [2015]; Matter of McKethan v Prack, 111 AD3d 1046, 1046 [2013]).

McCarthy, J.P., Rose, Lynch, Mulvey 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)

140 A.D.3d 1500, 33 N.Y.S.3d 773, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-gonzalez-v-prack-nyappdiv-2016.

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