Appellate Division of the Supreme Court of New York, 2017

Moore v. Annucci

Appellate Division of the Supreme Court of New York · Decided March 23, 2017 · Aarons, Clark, Garry, Lynch, Peters

148 A.D.3d 1445; 48 N.Y.S.3d 649

Cases that cite this one

7 later published cases cite this decision.

Matter of Serrano v. Smith (Appellate Division of the Supreme Court of New York 2017)
Matter of McMaster v. C.S. Rowe (Appellate Division of the Supreme Court of New York 2017)
Matter of Ballard v. Yelich (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)
Sawyer v. Annucci (Appellate Division of the Supreme Court of New York 2017)
Sawyer v. Annucci (Appellate Division of the Supreme Court of New York 2017)
Sawyer v. Annucci (Appellate Division of the Supreme Court of New York 2017)

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 Albany County) to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding to challenge a tier III determination finding him guilty of violat*1446ing certain prison disciplinary rules. The Attorney General has advised this Court that the determination has since been administratively reversed, all references thereto have been expunged from petitioner’s institutional record and the mandatory $5 surcharge has been refunded to petitioner’s inmate account. Given that petitioner has received all of the relief to which he is entitled, the petition must be dismissed as moot (see Matter of James v Prack, 137 AD3d 1390, 1391 [2016]; Matter of Scott v Prack, 97 AD3d 861, 861 [2012]).

Peters, P.J., Garry, Lynch, Clark and Aarons, JJ., concur.

Adjudged that the petition is dismissed, as moot, without costs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.