Matter of Nichols v. Kirkpatrick

Appellate Division of the Supreme Court of New York

Matter of Nichols v. Kirkpatrick

2017 NY Slip Op 6027, 153 A.D.3d 1007, 56 N.Y.S.3d 903

Appellate Division of the Supreme Court of the State of New York·Decided August 3, 2017·No. 524013·Published·Cited by 2 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 certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding to challenge a tier II prison disciplinary determination. The Attorney General has advised this Court that the determination at issue has been administratively reversed, all references thereto have been expunged from petitioner’s institutional record and the $5 mandatory surcharge has been refunded to petitioner’s inmate account. In view of this, and given that petitioner has received all of the relief to which he is entitled, the petition is dismissed as moot (see Matter of Ponder v Annucci, 128 AD3d 1255, 1255 [2015]; Matter of Ramos v Department of Corr. & Community Supervision, 123 AD3d 1215, 1216 [2014]).

McCarthy, J.P., Garry, Rose, Aarons 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 Clinton County) to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding to challenge a tier II prison disciplinary determination. The Attorney General has advised this Court that the determination at issue has been administratively reversed, all references thereto have been expunged from petitioner’s institutional record and the $5 mandatory surcharge has been refunded to petitioner’s inmate account. In view of this, and given that petitioner has received all of the relief to which he is entitled, the petition is dismissed as moot (see Matter of Ponder v Annucci, 128 AD3d 1255, 1255 [2015]; Matter of Ramos v Department of Corr. & Community Supervision, 123 AD3d 1215, 1216 [2014]).

McCarthy, J.P., Garry, Rose, Aarons and Rumsey, JJ., concur.

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

Matter of Nichols v. Kirkpatrick, 2017 NY Slip Op 6027, 153 A.D.3d 1007, 56 N.Y.S.3d 903 (N.Y. Ct. App. 2017).

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Opinion

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