Tunstall v. Walsh

Appellate Division of the Supreme Court of New York

Tunstall v. Walsh

73 A.D.3d 1317, 901 N.Y.S.2d 871

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

DecidedMay 13, 2010

StatusPublished

This text of 73 A.D.3d 1317 (Tunstall v. Walsh) 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

Tunstall v. Walsh, 73 A.D.3d 1317, 901 N.Y.S.2d 871 (N.Y. Ct. App. 2010).

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Opinion

pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Sullivan County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner brought the instant CPLR article 78 proceeding challenging 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 have been expunged from petitioner’s institutional record and the mandatory surcharge has been restored to petitioner’s inmate account. In light of this, and given that petitioner has received all of the relief to which he is entitled, the matter must be dismissed as moot (see Matter of Bornstorff v Fischer, 67 AD3d 1138 [2009]; Matter of Anderson v Huntington, 63 AD3d 1390 [2009]).

Cardona, P.J., Mercure, Malone Jr., Kavanagh and Stein, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Sullivan County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner brought the instant CPLR article 78 proceeding challenging 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 have been expunged from petitioner’s institutional record and the mandatory surcharge has been restored to petitioner’s inmate account. In light of this, and given that petitioner has received all of the relief to which he is entitled, the matter must be dismissed as moot (see Matter of Bornstorff v Fischer, 67 AD3d 1138 [2009]; Matter of Anderson v Huntington, 63 AD3d 1390 [2009]).

Cardona, P.J., Mercure, Malone Jr., Kavanagh and Stein, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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Bluebook (online)

73 A.D.3d 1317, 901 N.Y.S.2d 871, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tunstall-v-walsh-nyappdiv-2010.

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