Matter of Shields v. Prack

Appellate Division of the Supreme Court of New York

Matter of Shields v. Prack

131 A.D.3d 774, 14 N.Y.S.3d 720

Appellate Division of the Supreme Court of the State of New York·Decided August 13, 2015·No. 520127·Published·Cited by 6 cases

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 which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding to challenge a prison disciplinary determination rendered follow *775 ing a tier III hearing. 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 mandatory $5 surcharge has been refunded to petitioner’s inmate account. In light of this, and given that petitioner has received all the relief to which he is entitled, the matter must be dismissed as moot (see Matter of Tevault v Prack, 127 AD3d 1483 [2015]).

Peters, P.J., Lahtinen, Garry and Rose, 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 Albany County) to review a determination of the Commissioner of Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding to challenge a prison disciplinary determination rendered follow *775 ing a tier III hearing. 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 mandatory $5 surcharge has been refunded to petitioner’s inmate account. In light of this, and given that petitioner has received all the relief to which he is entitled, the matter must be dismissed as moot (see Matter of Tevault v Prack, 127 AD3d 1483 [2015]).

Peters, P.J., Lahtinen, Garry and Rose, JJ., concur.

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

Matter of Shields v. Prack, 131 A.D.3d 774, 14 N.Y.S.3d 720 (N.Y. Ct. App. 2015).

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Opinion

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