Sheard v. Annucci

Appellate Division of the Supreme Court of New York

Sheard v. Annucci

153 A.D.3d 1008, 56 N.Y.S.3d 904

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

DecidedAugust 3, 2017

StatusPublished

This text of 153 A.D.3d 1008 (Sheard 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

Sheard v. Annucci, 153 A.D.3d 1008, 56 N.Y.S.3d 904 (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 two determinations of respondent finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding challenging two tier III determinations finding him guilty of violating certain prison disciplinary rules. The Attorney General has advised this Court that the determinations have been administratively reversed, all references thereto have been expunged from petitioner’s institutional record and both mandatory surcharges have been returned to petitioner’s inmate account. In view of this, petitioner has been granted all the relief to which he is entitled and the petition must be dismissed as moot (see Matter of Brown v Venettozzi, 148 AD3d 1446, 1446 [2017]).

McCarthy, J.P., Lynch, Devine, Aarons and Pritzker, 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 two determinations of respondent finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding challenging two tier III determinations finding him guilty of violating certain prison disciplinary rules. The Attorney General has advised this Court that the determinations have been administratively reversed, all references thereto have been expunged from petitioner’s institutional record and both mandatory surcharges have been returned to petitioner’s inmate account. In view of this, petitioner has been granted all the relief to which he is entitled and the petition must be dismissed as moot (see Matter of Brown v Venettozzi, 148 AD3d 1446, 1446 [2017]).

McCarthy, J.P., Lynch, Devine, Aarons and Pritzker, JJ., concur.

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

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Bluebook (online)

153 A.D.3d 1008, 56 N.Y.S.3d 904, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sheard-v-annucci-nyappdiv-2017.

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