Matter of Bain v. Annucci
Cases that cite this one
5 later published cases cite this decision.
- Matter of Proctor v. Annucci (Appellate Division of the Supreme Court of New York 2015)
- Matter of Melendez v. Commissioner of the Department of Corrections and Community Supervision (Appellate Division of the Supreme Court of New York 2015)
- Matter of McGee v. Smith (Appellate Division of the Supreme Court of New York 2015)
- Matter of Streeter v. Annucci (Appellate Division of the Supreme Court of New York 2015)
- Matter of McLee v. Annucci (Appellate Division of the Supreme Court of New York 2015)
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
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, a prison inmate, commenced this CPLR article 78 proceeding to challenge a tier III disciplinary determination that found him guilty of a phone program violation. The Attorney General has informed 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 him. In view of this, and given that petitioner has received all the relief to which he is entitled, the matter is dismissed as moot (see Matter of Rivas v New York State Dept. of Corr. & Community Supervision, 125 AD3d 1031, 1031 [2015]; Matter of Pasley v Annucci, 122 AD3d 1039, 1039 [2014]).
Adjudged that the petition is dismissed, as moot, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.