Matter of McMaster v. C.S. Rowe

Appellate Division of the Supreme Court of New York

Matter of McMaster v. C.S. Rowe

2017 NY Slip Op 6016, 153 A.D.3d 991, 56 N.Y.S.3d 911

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

DecidedAugust 3, 2017

Docket523757

StatusPublished

This text of 2017 NY Slip Op 6016 (Matter of McMaster v. C.S. Rowe) 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 McMaster v. C.S. Rowe, 2017 NY Slip Op 6016, 153 A.D.3d 991, 56 N.Y.S.3d 911 (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 Franklin County) to review a determination of the Superintendent of Upstate Correctional Facility finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding challenging a tier II determination finding him guilty of violating certain disciplinary rules. The Attorney General has informed this Court that the determination has been administratively reversed, all references thereto have been expunged from petitioner’s institutional record and the $5 mandatory surcharge has been returned to petitioner’s inmate account. In view of the foregoing, and given that petitioner has received all the relief to which he is entitled, the petition is now moot and must be dismissed (see Matter of Moore v Annucci, 148 AD3d 1445, 1446 [2017]).

McCarthy, J.P., Lynch, Clark, Mulvey and Rumsey, JJ., concur.

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

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Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Franklin County) to review a determination of the Superintendent of Upstate Correctional Facility finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding challenging a tier II determination finding him guilty of violating certain disciplinary rules. The Attorney General has informed this Court that the determination has been administratively reversed, all references thereto have been expunged from petitioner’s institutional record and the $5 mandatory surcharge has been returned to petitioner’s inmate account. In view of the foregoing, and given that petitioner has received all the relief to which he is entitled, the petition is now moot and must be dismissed (see Matter of Moore v Annucci, 148 AD3d 1445, 1446 [2017]).

McCarthy, J.P., Lynch, Clark, Mulvey and Rumsey, JJ., concur.

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

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Bluebook (online)

2017 NY Slip Op 6016, 153 A.D.3d 991, 56 N.Y.S.3d 911, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-mcmaster-v-cs-rowe-nyappdiv-2017.

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