Demarta v. Prack
Cases that cite this one
8 later published cases cite this decision.
- Matter of Green v. Annucci (Appellate Division of the Supreme Court of New York 2020)
- Matter of Mellerson v. Annucci (Appellate Division of the Supreme Court of New York 2019)
- MatterofBrownvFischer (Appellate Division of the Supreme Court of New York 2014)
- Brown v. Fischer (Appellate Division of the Supreme Court of New York 2014)
- Brown v. Fischer (Appellate Division of the Supreme Court of New York 2014)
- Tucci v. Selsky (Appellate Division of the Supreme Court of New York 2012)
- Tarbell v. Prack (Appellate Division of the Supreme Court of New York 2011)
- Lewis v. Lape (Appellate Division of the Supreme Court of New York 2011)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review (1) a determination of the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule and (2) a determination which withheld one year of petitioner’s good time allowance.
Petitioner was charged in a misbehavior report with using a controlled substance after a sample of his urine twice tested positive for the presence of cocaine. He was found guilty of the charge following a tier III disciplinary hearing and the determination was later affirmed on administrative appeal. Thereafter, another determination was rendered withholding from petitioner one year of his good time allowance. This CPLR article 78 proceeding ensued.
His claims regarding the determination withholding a portion of his good time allowance are rendered moot by his conditional release from custody during the pendency of this proceeding (see Matter of Giersz v Goord, 11 AD3d 831 [2004]; Matter of Eades v Duncan, 307 AD2d 503 [2003]). As such, that part of the amended petition must be dismissed.
Peters, J.P., Lahtinen, Malone Jr., McCarthy and Garry, JJ., concur. Adjudged that the determination finding petitioner guilty of violating a prison disciplinary rule is confirmed, without costs, and amended verified petition dismissed to that extent. Adjudged that that portion of the amended verified petition challenging the determination withholding one year of petitioner’s good time allowance is dismissed, as moot, without costs.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.