Pasley v. Annucci

Appellate Division of the Supreme Court of New York

Pasley v. Annucci

122 A.D.3d 1039, 994 N.Y.S.2d 873, 2014 NY Slip Op 07718, 2014 N.Y. App. Div. LEXIS 7667

Appellate Division of the Supreme Court of the State of New York·Decided November 13, 2014·Published·Cited by 2 cases

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 which found petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding to challenge a determination finding him guilty of violating a prison disciplinary rule. The Attorney General has advised this Court that the determination at issue has been administratively reversed, all references thereto expunged from petitioner’s institutional record and the mandatory $5 surcharge refunded to his inmate account. Petitioner has thus received all the relief to which he is entitled, and this proceeding is dismissed as moot (see Matter of Scott v Fischer, 119 AD3d 1307, 1307 [2014]).

Peters, PJ., McCarthy, Egan Jr., 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 respondent which found petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding to challenge a determination finding him guilty of violating a prison disciplinary rule. The Attorney General has advised this Court that the determination at issue has been administratively reversed, all references thereto expunged from petitioner’s institutional record and the mandatory $5 surcharge refunded to his inmate account. Petitioner has thus received all the relief to which he is entitled, and this proceeding is dismissed as moot (see Matter of Scott v Fischer, 119 AD3d 1307, 1307 [2014]).

Peters, PJ., McCarthy, Egan Jr., Devine and Clark, JJ., concur.

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

Pasley v. Annucci, 122 A.D.3d 1039, 994 N.Y.S.2d 873, 2014 NY Slip Op 07718, 2014 N.Y. App. Div. LEXIS 7667 (N.Y. Ct. App. 2014).

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122 A.D.3d 1039 (Pasley v. Annucci) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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