Matter of Thompson v. Annucci

Appellate Division of the Supreme Court of New York

Matter of Thompson v. Annucci

140 A.D.3d 1521, 33 N.Y.S.3d 777

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

DecidedJune 23, 2016

Docket522338

StatusPublished

Cited by3 cases

This text of 140 A.D.3d 1521 (Matter of Thompson 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 Thompson v. Annucci, 140 A.D.3d 1521, 33 N.Y.S.3d 777 (N.Y. Ct. App. 2016).

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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 certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding to challenge a tier III determination finding him guilty of violating certain prison disciplinary rules. 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 $5 mandatory surcharge has been refunded to petitioner’s inmate account. In view of this, and given that petitioner has been granted all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Daum v Venettozzi, 136 AD3d 1096, 1096-1097 [2016]; Matter of West v Annucci, 134 AD3d 1379, 1380 [2015]). Contrary to his request, petitioner is not entitled to be restored to the status he enjoyed prior to the disciplinary determination (see Matter of Smith v Track, 131 AD3d 784, 784 [2015]; Matter of Streeter v Annucci, 131 AD3d 771, 772 [2015]).

McCarthy, J.P., Garry, Devine, Clark and Mulvey, 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 respondent finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding to challenge a tier III determination finding him guilty of violating certain prison disciplinary rules. 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 $5 mandatory surcharge has been refunded to petitioner’s inmate account. In view of this, and given that petitioner has been granted all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Daum v Venettozzi, 136 AD3d 1096, 1096-1097 [2016]; Matter of West v Annucci, 134 AD3d 1379, 1380 [2015]). Contrary to his request, petitioner is not entitled to be restored to the status he enjoyed prior to the disciplinary determination (see Matter of Smith v Track, 131 AD3d 784, 784 [2015]; Matter of Streeter v Annucci, 131 AD3d 771, 772 [2015]).

McCarthy, J.P., Garry, Devine, Clark and Mulvey, JJ., concur.

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

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Bluebook (online)

140 A.D.3d 1521, 33 N.Y.S.3d 777, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-thompson-v-annucci-nyappdiv-2016.

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