Matter of Micolo v. Kirkpatrick

Appellate Division of the Supreme Court of New York

Matter of Micolo v. Kirkpatrick

147 A.D.3d 1131, 45 N.Y.S.3d 818

Appellate Division of the Supreme Court of the State of New York·Decided February 2, 2017·No. 523029·Published·Cited by 1 cases

Opinion

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Clinton County) to review a determination of respondent finding petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding to challenge a tier II determination finding him guilty of providing unauthorized legal assistance. 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 Simmons v Kirkpatrick, 142 AD3d 1245, 1245 [2016]).

Peters, P.J., Egan Jr., Devine, Mulvey and Aarons, 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 Clinton County) to review a determination of respondent finding petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding to challenge a tier II determination finding him guilty of providing unauthorized legal assistance. 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 Simmons v Kirkpatrick, 142 AD3d 1245, 1245 [2016]).

Peters, P.J., Egan Jr., Devine, Mulvey and Aarons, JJ., concur.

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

Matter of Micolo v. Kirkpatrick, 147 A.D.3d 1131, 45 N.Y.S.3d 818 (N.Y. Ct. App. 2017).

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Opinion

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