Matter of Williams v. Venettozzi

Appellate Division of the Supreme Court of New York

Matter of Williams v. Venettozzi

140 A.D.3d 1508, 33 N.Y.S.3d 774

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

DecidedJune 23, 2016

Docket521889

StatusPublished

Cited by1 cases

This text of 140 A.D.3d 1508 (Matter of Williams v. Venettozzi) 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 Williams v. Venettozzi, 140 A.D.3d 1508, 33 N.Y.S.3d 774 (N.Y. Ct. App. 2016).

Pincite

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 finding petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding challenging a prison disciplinary determination. 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. In view of this, petitioner has received all of the relief to which he is entitled and the petition must be dismissed as moot (see Matter of Vail v Bedard, 136 AD3d 1096 [2016]; Matter of Kagan v Lewin, 134 AD3d 1386 [2015]).

Peters, P.J., Garry, Lynch, Devine and Aarons, JJ., concur.

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

Free access — add to your briefcase to read the full text and ask questions with AI

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 finding petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding challenging a prison disciplinary determination. 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. In view of this, petitioner has received all of the relief to which he is entitled and the petition must be dismissed as moot (see Matter of Vail v Bedard, 136 AD3d 1096 [2016]; Matter of Kagan v Lewin, 134 AD3d 1386 [2015]).

Peters, P.J., Garry, Lynch, Devine and Aarons, JJ., concur.

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

Cite This Page — Counsel Stack

Bluebook (online)

140 A.D.3d 1508, 33 N.Y.S.3d 774, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-williams-v-venettozzi-nyappdiv-2016.

Opinion

Related

Cite This Page — Counsel Stack