Matter of White v. Annucci

Appellate Division of the Supreme Court of New York

Matter of White v. Annucci

147 A.D.3d 1127, 45 N.Y.S.3d 815

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

DecidedFebruary 2, 2017

Docket522981

StatusPublished

Cited by8 cases

This text of 147 A.D.3d 1127 (Matter of White 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 White v. Annucci, 147 A.D.3d 1127, 45 N.Y.S.3d 815 (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 certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating certain prison disciplinary rules. The Attorney General has advised this Court that the subject determination has been administratively reversed, all references to the matter 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 Flood v Prack, 141 AD3d 1070, 1070-1071 [2016]). We note that any good time lost by petitioner as a result of the disciplinary determination must also be restored (see Matter of Zoccoli v Annucci, 140 AD3d 1512, 1513 [2016]). Finally, because the record demonstrates that petitioner was assessed a $15 reduced filing fee, he is entitled to a refund of that amount (see Matter of Rodriguez v Prack, 142 AD3d 1235 [2016]).

Garry, J.P., Egan Jr., Rose, 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 certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating certain prison disciplinary rules. The Attorney General has advised this Court that the subject determination has been administratively reversed, all references to the matter 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 Flood v Prack, 141 AD3d 1070, 1070-1071 [2016]). We note that any good time lost by petitioner as a result of the disciplinary determination must also be restored (see Matter of Zoccoli v Annucci, 140 AD3d 1512, 1513 [2016]). Finally, because the record demonstrates that petitioner was assessed a $15 reduced filing fee, he is entitled to a refund of that amount (see Matter of Rodriguez v Prack, 142 AD3d 1235 [2016]).

Garry, J.P., Egan Jr., Rose, 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)

147 A.D.3d 1127, 45 N.Y.S.3d 815, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-white-v-annucci-nyappdiv-2017.

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