Matter of McLee v. Annucci
Cases that cite this one
10 later published cases cite this decision.
- Matter of Shapard v. Annucci (Appellate Division of the Supreme Court of New York 2016)
- Matter of Thompson v. Annucci (Appellate Division of the Supreme Court of New York 2016)
- Hill v. Annucci (Appellate Division of the Supreme Court of New York 2016)
- Hill v. Annucci (Appellate Division of the Supreme Court of New York 2016)
- Daum v. Venettozzi (Appellate Division of the Supreme Court of New York 2016)
- Daum v. Venettozzi (Appellate Division of the Supreme Court of New York 2016)
- 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 Albany County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding to challenge a tier III disciplinary determination that found him guilty of possessing contraband and smuggling. The Attorney General has advised this Court that the determination has *772 been administratively reversed, all references thereto have been expunged from petitioner’s institutional record and the mandatory surcharge will be refunded to petitioner’s inmate account. Despite his request for additional relief, petitioner is not entitled to be restored to the status that he enjoyed prior to the disciplinary determination (see Matter of Raduns v Prack, 122 AD3d 995, 995-996 [2014]; Matter of Harris v Prack, 122 AD3d 981, 981 [2014]). In view 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 McCaskell v Department of Corr. & 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.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.