Murgo v. Racette
Cases that cite this one
6 later published cases cite this decision.
- Matter of Slide v. Russo (Appellate Division of the Supreme Court of New York 2017)
- Matter of Colon v. Lee (Appellate Division of the Supreme Court of New York 2017)
- Brown v. Fischer (Appellate Division of the Supreme Court of New York 2013)
- Brown v. Fischer (Appellate Division of the Supreme Court of New York 2013)
- Houghtaling v. Fischer (Appellate Division of the Supreme Court of New York 2013)
- Houghtaling v. Fischer (Appellate Division of the Supreme Court of New York 2013)
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 Chemung County) to review a determination of the Commissioner of Corrections and Community Supervision which found petitioner guilty of violating a prison disciplinary rule.
Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating the prison disciplinary rule prohibiting theft of state property. 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 $5 mandatory surcharge has been refunded to petitioner’s inmate account. In view of this and given that petitioner has received all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Scott v Prack, 97 AD3d 861 [2012]; Matter of Garner v Bezio, 95 AD3d 1585 [2012]).
Mercure, J.P, Rose, Kavanagh, Stein and McCarthy, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.