Matter of Tevault v. Prack

Appellate Division of the Supreme Court of New York

Matter of Tevault v. Prack

127 A.D.3d 1483, 5 N.Y.S.3d 918

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

DecidedApril 23, 2015

Docket519196

StatusPublished

Cited by2 cases

This text of 127 A.D.3d 1483 (Matter of Tevault v. Prack) 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 Tevault v. Prack, 127 A.D.3d 1483, 5 N.Y.S.3d 918 (N.Y. Ct. App. 2015).

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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 the Commissioner of Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding challenging a tier III disciplinary hearing finding him guilty of violating various prison disciplinary rules. The Attorney General has advised this Court that the determination has been administratively reversed, all references thereto have been expunged from petitioner’s institutional disciplinary record, and the mandatory $5 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 matter is dismissed as moot (see Matter of Ramos v Department of Corr. & Community Supervision, 123 AD3d 1215, 1215 [2014]).

Garry, J.P., Rose, Devine and Clark, 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 challenging a tier III disciplinary hearing finding him guilty of violating various prison disciplinary rules. The Attorney General has advised this Court that the determination has been administratively reversed, all references thereto have been expunged from petitioner’s institutional disciplinary record, and the mandatory $5 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 matter is dismissed as moot (see Matter of Ramos v Department of Corr. & Community Supervision, 123 AD3d 1215, 1215 [2014]).

Garry, J.P., Rose, Devine and Clark, JJ., concur.

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

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Bluebook (online)

127 A.D.3d 1483, 5 N.Y.S.3d 918, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-tevault-v-prack-nyappdiv-2015.

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