Matter of Stone v. Annucci

Appellate Division of the Supreme Court of New York

Matter of Stone v. Annucci

2017 NY Slip Op 7912, 155 A.D.3d 1214, 63 N.Y.S.3d 270

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

DecidedNovember 9, 2017

Docket524502

StatusPublished

Cited by3 cases

This text of 2017 NY Slip Op 7912 (Matter of Stone v. Annucci) 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 Stone v. Annucci, 2017 NY Slip Op 7912, 155 A.D.3d 1214, 63 N.Y.S.3d 270 (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 Albany County) to review a determination of respondent finding petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination finding him guilty of violating a prison disciplinary rule. The Attorney General has advised this Court that the determination 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. We note that “petitioner is not entitled to be restored to the status he enjoyed prior to the disciplinary determination” (Matter of West v Annucci, 134 AD3d 1379, 1380 [2015]; see Matter of Gega v Annucci, 149 AD3d 1439, 1439 [2017]). Accordingly, and inasmuch as petitioner has otherwise received all of the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Terry v Annucci, 153 AD3d 1019, 1019 [2017]; Matter of Brown v Venettozzi, 148 AD3d 1446, 1446 [2017]).

Peters, P.J., Garry, Lynch, Clark 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 respondent finding petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination finding him guilty of violating a prison disciplinary rule. The Attorney General has advised this Court that the determination 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. We note that “petitioner is not entitled to be restored to the status he enjoyed prior to the disciplinary determination” (Matter of West v Annucci, 134 AD3d 1379, 1380 [2015]; see Matter of Gega v Annucci, 149 AD3d 1439, 1439 [2017]). Accordingly, and inasmuch as petitioner has otherwise received all of the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Terry v Annucci, 153 AD3d 1019, 1019 [2017]; Matter of Brown v Venettozzi, 148 AD3d 1446, 1446 [2017]).

Peters, P.J., Garry, Lynch, Clark 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)

2017 NY Slip Op 7912, 155 A.D.3d 1214, 63 N.Y.S.3d 270, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-stone-v-annucci-nyappdiv-2017.

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