Matter of Rodriguez v. Prack
Cases that cite this one
6 later published cases cite this decision.
- Matter of Cendales v. Sheahan (Appellate Division of the Supreme Court of New York 2017)
- Matter of White v. Annucci (Appellate Division of the Supreme Court of New York 2017)
- Matter of Bailey v. Annucci (Appellate Division of the Supreme Court of New York 2017)
- Abrams v. Annucci (Appellate Division of the Supreme Court of New York 2017)
- Abrams v. Annucci (Appellate Division of the Supreme Court of New York 2017)
- Matter of Anderson v. Venettozzi (Appellate Division of the Supreme Court of New York 2016)
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 the Commissioner of Corrections and Community Supervision finding petitioner guilty of violating a prison disciplinary rule.
Petitioner commenced this CPLR article 78 proceeding challenging a prison disciplinary determination. The Attorney General has advised this Court that the determination has been administratively reversed, all references thereto expunged from petitioner’s institutional record and petitioner’s inmate account was never charged the $5 mandatory surcharge. In view of this, petitioner has received all the relief to which he is entitled and the appeal must be dismissed as moot (see Matter of Makas v Venettozzi, 138 AD3d 1342, 1342-1343 [2016]; Matter of Rizzuto v Prack, 137 AD3d 1381, 1382 [2016]). As the record discloses that petitioner was assessed a $15 reduced filing fee, he is entitled to a refund of that amount (see Matter of Clark v New York State Dept. of Corr. & Community Supervision, 138 AD3d 1331, 1332 [2016]).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.