Matter of Streeter v. Annucci
Cases that cite this one
5 later published cases cite this decision.
- Matter of Warmus v. Kaplan (Appellate Division of the Supreme Court of New York 2015)
- Singleton v. Racette (Appellate Division of the Supreme Court of New York 2015)
- Singleton v. Racette (Appellate Division of the Supreme Court of New York 2015)
- Tarafa v. Annucci (Appellate Division of the Supreme Court of New York 2015)
- Tarafa 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 Chemung County) to review a determination of respondent Commissioner of Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding to challenge a tier III determination that found him guilty of making threats, bribery, harassment, soliciting and forwarding calls. 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 mandatory $5 surcharge has been refunded to his inmate account. Petitioner is not entitled to be restored to the status that he enjoyed prior to the disciplinary determination (see Matter of Ponder v Annucci, 128 AD3d 1255, 1255 [2015]; Matter of Raduns v Prack, 122 AD3d 995, 995-996 [2014]). In *769 view of this, and given that petitioner has received all of the relief to which he is entitled, the matter is dismissed as moot (see Matter of McCaskell v Department of Corn & Community Supervision, 128 AD3d 1208, 1208-1209 [2015]; Matter of Bain v Annucci, 127 AD3d 1533, 1533 [2015]).
Adjudged that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $305.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.